How to Arrange a Property Survey for Co-Owned Land in Maryland | Maryland Partition Actions | FastCounsel
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How to Arrange a Property Survey for Co-Owned Land in Maryland

Can I arrange a property survey for land I co-own with a sibling?

Short answer

Yes. You can arrange a survey of jointly owned property in Maryland. The preferred path is to work cooperatively with your co‑owner: agree on the scope, select and hire a licensed Maryland surveyor, share documents and costs, and allow access to the property. If your sibling refuses, you have practical options (negotiation, mediation) and legal remedies (court action such as a partition or boundary/quiet‑title case). This article explains the practical steps, likely costs, and legal options under Maryland law so you can decide when to call a lawyer.

Detailed answer — how to arrange a survey for co-owned property in Maryland

1. Decide what kind of survey you need

Common survey types:

  • Boundary survey: establishes the property lines and locates corners, fences, and improvements relative to legal boundaries.
  • ALTA/NSPS survey: used for commercial transactions or lender requirements; more detailed and costly.
  • Fix‑up/topographic or staking survey: for construction, grading, or site planning.

Choose the least expensive type that meets your goal (clearly, a boundary survey is usually sufficient when co‑owners just need to know lines).

2. Check licensing and choose a licensed Maryland surveyor

Maryland requires licensed professional land surveyors. Confirm licensing and complaints via the Maryland Department of Labor (the state licensing authority for surveyors) before hiring. You can locate boards and license information at the Maryland Department of Labor website: https://www.dllr.state.md.us and the Maryland courts site for land record basics: https://www.mdcourts.gov.

3. Gather documents the surveyor will need

Provide copies of the deed(s), previous surveys or plats if available, the property tax ID or parcel number, any title or title‑insurance information, and any recorded easements. These documents speed the job and reduce costs.

4. Get estimates and agree scope in writing

Ask several surveyors for written estimates that specify:

  • survey type and exact tasks;
  • what title/plat research is included;
  • delivery items (drawn plat, digital data, marked stakes);
  • timeline; and
  • who will mark corners or set monuments.

Document the plan in writing and, ideally, have both co‑owners sign the engagement agreement or acknowledgement of scope.

5. Access and cooperation

The surveyor must access the property. If the sibling agrees, schedule access and clear vegetation if needed. If the sibling objects, try mediation or negotiation — a court can order relief if cooperation fails (see step 8).

6. Paying for the survey

Co‑owners commonly split costs according to ownership percentages (e.g., 50/50). If one co‑owner wants the survey and the other refuses, the requesting co‑owner may pay and later seek contribution. If the dispute escalates, the court may address cost allocation in a partition proceeding.

7. What the survey delivers

A completed boundary survey should show property lines, corners (often with iron rods or concrete monuments), nearby improvements, any encroachments, and notations referring to deeds/plat research. Keep the survey with your deed and provide a copy to your sibling.

8. If your sibling refuses to cooperate: practical and legal options

Try these steps in order:

  1. Send a written request explaining the purpose, proposed surveyor, and cost‑split.
  2. Offer mediation or a neutral surveyor.
  3. Contact a real estate attorney for a demand letter that explains legal consequences.
  4. If refusal continues, consider filing a civil action. Two common actions in Maryland:
    • Partition action: A court can order the property physically divided if feasible or else order sale and distribution of proceeds among owners. Maryland courts handle partition claims; check the Maryland Judiciary for court forms and procedures: https://www.mdcourts.gov.
    • Boundary or quiet‑title action: To resolve conflicting claims about the line or ownership. A court can confirm boundaries or clear title.
  5. In many partition or boundary cases a court orders or relies on a professional survey or appoints commissioners to facilitate division.

9. When to consult an attorney

Consult an attorney if:

  • Your co‑owner refuses access or payment;
  • You suspect an encroachment or adverse possession claim;
  • A lender, purchaser, or boundary dispute requires a higher‑level survey (ALTA or quiet‑title); or
  • You plan to file a partition or boundary action in Maryland court.

10. Practical timeline and cost expectations

Boundary surveys in Maryland typically take 2–6 weeks from start to finish (depending on research and field conditions). Costs vary widely by parcel size, complexity, and region — small suburban lots may be a few hundred dollars; larger or rural parcels and ALTA surveys cost more. Get written quotes.

Relevant Maryland resources and where to look for law

For the statutory law and case procedures, search the Maryland Code and court resources at these official sites:

  • Maryland General Assembly (state statutes and searchable code): https://mgaleg.maryland.gov
  • Maryland Judiciary (court forms, procedures, and information about civil actions such as partition): https://www.mdcourts.gov
  • Maryland Department of Labor — licensing and verification for professional land surveyors: https://www.dllr.state.md.us

These sites let you search the Real Property articles, partition rules, and local court procedures that apply where the property is located.


Disclaimer: This article is for informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Laws change and each situation is unique. Consult a licensed Maryland attorney for advice specific to your circumstances.

Helpful Hints

  • Start with a calm, documented conversation. A clear email or letter about goals and costs often prevents escalation.
  • Get multiple written bids and a written scope for the survey. Vague quotes lead to disputes.
  • Confirm the surveyor’s Maryland license and ask to see past boundary plats for similar properties.
  • Provide deeds, prior plats, tax IDs, and any homeowner association maps to the surveyor to reduce research time and cost.
  • If one owner wants the survey immediately and the other disagrees, consider paying and asking for later contribution in writing rather than waiting for a court fight.
  • Use mediation before filing court papers; it is faster and cheaper and often preserves family relationships.
  • If you must go to court, file in the Maryland circuit court where the property lies. Court guidance and forms are on https://www.mdcourts.gov.
  • Keep a copy of the survey with your deed and provide your co‑owner a copy; file any new monuments or plats with the county land records if required or recommended by your surveyor.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.