Disclaimer: This is general information and not legal advice. It explains how Michigan law commonly handles disputes about paying for property surveys and what steps co-owners can take. Consult a licensed Michigan attorney for advice about your specific situation.
Short answer
When co-owners disagree about ordering a property survey in Michigan, there is no automatic single rule that forces one owner to pay. Typically, the owner who orders a survey pays up front but can seek contribution from the other co-owners if they receive a benefit from the survey. If the co-owners cannot agree, one owner can file a partition action in Michigan courts asking the court to order a survey, divide the land, or sell it, and the court can allocate the cost of the survey as part of the proceeding. See Michigan’s partition statute for the right to sue for partition: MCL § 600.3301.
Detailed answer — What Michigan law means and what to expect
1. Types of co-ownership and basic rights
- Co-owners commonly hold property as tenants in common or joint tenants. Each co-owner has equal rights to possess the entire property, regardless of ownership percentage, unless an agreement states otherwise.
- That possession right means any co-owner may pay for a survey for their own protection or to clarify boundaries. Other co-owners do not automatically have to pay before the survey is done.
2. Who pays initially?
- In practice, the owner who wants the survey usually hires and pays the surveyor up front. Surveys can be expensive, and many surveyors require payment before starting.
- If co-owners agree before the work begins, they can sign a written agreement allocating the cost (for example, pro rata by ownership percentage or equally).
3. Can the paying owner recover money from the other co-owners?
- Yes — often the paying owner can ask the other co-owners to contribute if the survey provides a benefit to all owners (for example, clarifying boundaries used for sale, mortgage, or division of the property).
- If the other co-owners refuse to pay, the paying owner may pursue reimbursement in court. The most common route is a partition action where a judge can order division or sale of the property and apportion costs, including surveying expenses, between the parties. See MCL § 600.3301 (right to bring a partition action).
4. Partition actions and surveys
- A partition action asks the court to divide or sell the property to end co-ownership. Michigan courts handle these actions and can appoint commissioners or order surveys necessary to divide the land or confirm boundaries.
- The court has discretion to allocate costs and may charge survey and administrative costs against one or more parties based on fairness and the circumstances of the dispute.
5. Boundary disputes and surveys
- If the survey uncovers a boundary dispute (overlap, encroachment, or title uncertainty), other remedies may apply — such as quiet title actions, boundary line agreements, or adverse possession claims — each of which can affect who ultimately bears costs.
- Resolving boundary disputes can change how costs are allocated; for example, a party found to be encroaching may be required to pay a larger share of corrective costs.
6. Practical realities
- Survey costs vary by property size, terrain, and the complexity of title issues. Get written estimates and scope-of-work statements from licensed surveyors before starting.
- Keep records of payments, invoices, and communications with co-owners. These records help if you must seek contribution or bring a court action.
How to proceed step-by-step (recommended approach)
- Talk with your co-owners. Try to reach a written agreement about whether to order a survey and how to split costs.
- Get several written estimates from licensed surveyors. Ask whether any additional title work, research, or monument setting is needed and how charges are handled if the work is interrupted.
- If co-owners will not cooperate, decide whether you want to pay now and seek contribution later, or immediately pursue a partition action. An attorney can advise which option is more practical given the facts and cost vs. benefit.
- If you file a partition action, the court can order a survey and apportion costs. Provide the court with evidence of estimates and communications with co-owners about sharing costs.
- Consider mediation before court. Mediation can resolve disputes faster and at lower cost. Many county courts and private mediators handle real-property disputes in Michigan.
Helpful hints
- Get everything in writing: any cost-sharing agreement, authorization to hire a surveyor, and payment arrangements.
- Ask the surveyor whether the survey is a boundary survey, ALTA/NSPS survey (for lenders), or a simpler staking or location survey — each has different costs and uses.
- Keep title documents, old surveys, deeds, and any prior boundary agreements handy — they can reduce survey time and cost.
- If you anticipate a sale or mortgage, lenders often require an ALTA survey; share that requirement with co-owners to justify cost sharing.
- Consult a Michigan real estate attorney early if co-owners refuse to cooperate or if the survey reveals encroachments or title problems.
- Consider small-claims court for modest reimbursement claims, but evaluate whether the amount and complexity make small-claims practical.
For more on partition actions in Michigan, see the statute authorizing partition suits: MCL § 600.3301. For specific legal advice about your situation, contact a licensed Michigan attorney.