Disclaimer: This is general information only and not legal advice. For advice about your specific situation, consult a licensed Mississippi attorney.
Detailed Answer
When you co-own land with a sibling in Mississippi and need a property survey, the practical steps are simple but the legal context can matter. Below is a clear, step-by-step explanation of how to arrange a survey, what issues can arise, and what Mississippi law says about forcing access or resolving disputes.
1. Decide what type of survey you need
Common surveys include:
- Boundary survey: Establishes property lines, corners and monuments.
- ALTA/NSPS title survey: Used for sales, mortgage, or title insurance — more detailed and follows national standards.
- Survey for subdivision or improvements: Needed if you plan to split the parcel, build, or locate new structures.
2. Hire a licensed professional land surveyor (PLS)
Mississippi requires a licensed surveyor to perform official boundary and title surveys. Use the state board to find and verify credentials and to confirm the surveyor is licensed in Mississippi. The Mississippi Board of Licensure for Professional Engineers and Surveyors maintains licensing information: https://www.pepls.ms.gov/.
3. Get buy-in from your co-owner if possible
Ideally you and your sibling agree on hiring the surveyor and the scope. Agreement makes access easier, reduces conflict, and lowers cost. If both owners split the cost, document the agreement in writing (email or signed memo) describing scope and who pays.
4. Arrange access and provide documents
A surveyor will need access to the property to locate corners and place markers. Provide any existing deeds, prior surveys, title commitments, or plats to the surveyor. If you don’t have these, the surveyor or title company can often obtain them.
5. If the other co-owner refuses to cooperate
If your sibling refuses entry or refuses to authorize a survey, you still have options:
- Limited on-site access: A surveyor may perform an exterior survey from public rights-of-way in some situations, but that may not resolve boundary corner issues that require physical access.
- Negotiate a written access agreement: Offer a simple written agreement that limits disturbance, sets dates, and releases liability for minor damage.
- Court action (partition or access order): If negotiation fails, Mississippi law allows co-owners to seek a court-ordered partition or other relief. Partition statutes are found in Mississippi law regarding partition actions; you can review the Mississippi Legislature website for the statutory provisions: https://www.legislature.ms.gov (search Title 11, Chapter 17, Partition). A partition action can force a physical division of the land or a judicial sale; a court can also order access for surveys or inspections in the course of resolving ownership disputes.
6. Review the survey and record it if appropriate
Once complete, the surveyor should provide a signed plat and written report detailing corners, bearings, distances, and encroachments. If you, your sibling, or a title company will rely on the survey for a legal transaction, file a copy according to local practice (usually with the county land records or the chancery clerk’s office). Check your county’s recording office for submission rules.
7. Costs and timeline
Cost depends on the size, terrain, clearing needed, and survey type. A simple boundary survey for a small lot may be a few hundred dollars; larger or rural parcels, difficult access, or ALTA surveys cost more (often $1,000–$3,000+). Expect surveys to take anywhere from a few days to several weeks depending on backlog, weather, and research needs.
Mississippi law references and practical effect
Co-owners’ rights and remedies (including partition) are governed by state law; see the Mississippi Legislature site for statutes on partition actions: https://www.legislature.ms.gov (search Title 11, Chapter 17). For professional licensing and complaint information about surveyors, use the state licensing board: https://www.pepls.ms.gov/.
Helpful Hints
- Choose a licensed Mississippi surveyor (PLS). Verify license status on the state board site: https://www.pepls.ms.gov/.
- Collect all deeds, prior surveys, and title documents before hiring a surveyor — this saves time and money.
- Get a written scope of work and a written cost estimate from the surveyor. Ask whether the price includes marking corners and filing the plat.
- If your sibling cooperates, split costs and get the agreement in writing to avoid disputes later.
- If your sibling refuses access, try a short, limited access agreement in writing before pursuing litigation.
- If you expect to sell, refinance, or get title insurance, ask for an ALTA/NSPS survey; lenders and title companies often require it.
- Keep records: filed plats, survey maps, GPS coordinates, and communications about access and payment.
- If you anticipate a boundary dispute or contested ownership, consult a Mississippi attorney experienced in real property and partition actions early. They can explain how Mississippi’s partition statutes work and whether a judicial remedy is necessary (see https://www.legislature.ms.gov for statutory text).
If you want, I can help you draft a simple access agreement template to present to your sibling, or help find licensed surveyors in Mississippi and explain the questions to ask when getting estimates.
Reminder: This information summarizes general Mississippi procedures and is not legal advice. For advice specific to your facts, contact a licensed Mississippi attorney.