Detailed Answer

Short answer: When co-owners cannot agree to pay for a property survey in Montana, either owner can ultimately force a resolution through the courts (for example, by filing a partition or boundary action). A court can order a survey and allocate the cost between the parties (or shift it to one side) based on fairness, who caused the dispute, and the outcome of the case. In practice, payment often starts with the party who hires the surveyor, and that party may seek contribution or reimbursement later.

How this typically works in Montana

Co-owners (tenants in common or joint tenants) each have a legal right to know property boundaries and to protect their property interests. If owners disagree about whether to have a survey, or who should pay, Montana law provides remedies that courts use to resolve the dispute:

Negotiation and mediation. Courts and attorneys commonly encourage the owners to meet, share estimates, and split costs. This is the fastest, cheapest path.
Agreement in writing. If co-owners agree that one will pay now and the other will reimburse later, put the agreement in writing (signed) to avoid future disputes.
Hiring a surveyor without agreement. Any owner may hire a surveyor at their own expense. That owner can later seek contribution from the other owner(s) under equitable principles, but collection may require court action.
Filing a partition or boundary action in court. If negotiation fails, an owner can file a partition action (to divide the land physically or force a sale) or a boundary action (to resolve where the line lies). Montana courts can order a professional survey, appoint commissioners or a master, and decide how to allocate costs.

What factors influence who pays

When a court is asked to decide who pays for a survey, it considers several factors, such as:

Which party requested the survey and why (e.g., to prepare a sale, to resolve a boundary dispute, or to refinance).
Whether a party unreasonably refused a reasonable request for a survey.
Whether one owner’s conduct created or escalated the dispute (bad faith conduct may weigh against that owner).
Whether a prior survey, recorded plat, or title evidence already resolves the question (if an existing survey answers the dispute, the court may decline to order a new one).
The relative benefit to each co-owner from the survey results.

Court remedies in Montana

When a partition or boundary action proceeds, Montana courts can:

Order a survey to determine accurate boundaries or to divide the parcel fairly.
Appoint neutral commissioners or a special master to carry out a physical division of property or supervise a survey.
Order payment of surveyor fees and other costs by one or more parties as part of the final judgment. The court may apportion costs between the parties, or award costs and reasonable attorney fees to the prevailing party if statutes or rules allow.

For a description of Montana’s statutes governing property and related actions, see the Montana Code Annotated (Title 70 covers property-related statutes): https://leg.mt.gov/bills/mca/. If you are considering a partition or boundary action, an attorney can point you to the precise sections that apply to your case and the most recent case law.

Practical steps for a co-owner who wants a survey

Ask the co-owner in writing for permission to survey and include a reasonable cost-splitting proposal. Keep copies of all communications.
Get one or more written estimates from licensed Montana land surveyors. Compare scope: boundary survey, ALTA/NSPS survey (for sale/finance), or simple stake-out.
Consider mediation or a neutral third-party to help reach agreement before starting formal legal work.
If you hire a surveyor, document you did so to protect your right to seek contribution later.
If the co-owner refuses and the issue is important (sale, financing, use), consult a Montana real property attorney about filing a partition or boundary action.

Costs and timing to expect

Survey costs vary with property size, terrain, complexity of title/surveys, and whether an ALTA survey is required. Expect from a few hundred to several thousand dollars. Court-ordered matters add filing fees, possible expert fees, and attorney fees, and can take months to resolve. Courts can later re-allocate these costs; however, recovering money you paid initially may take more litigation and time.

When you might not need a new survey

A new survey may be unnecessary if there is a recent recorded survey, an accurate recorded plat, or clear title documents that resolve boundaries. In such cases, sharing copies of existing records and perhaps hiring counsel to explain them may eliminate the need for an expensive new survey.

Next steps and finding help

If you and your co-owner cannot agree:

Get written estimates and attempt mediation.
Talk to a Montana real property attorney about whether a partition or boundary action fits your goals and what likely cost allocation the court might order.
Consider whether a limited survey (to answer a single question) may be a cost-effective alternative to a full ALTA survey.

Disclaimer: This article is informational only and not legal advice. It does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Montana attorney.

Helpful Hints

Start by asking for a written cost estimate and scope from a licensed Montana land surveyor.
Put any agreement about paying for a survey in writing and have all co-owners sign it.
Mediation is usually cheaper than court. Try it before filing a lawsuit.
Keep all receipts and communications if you pay; you may be able to recover costs later.
Check for recent recorded surveys or plats in county land records before ordering a new survey.
Ask the surveyor whether an ALTA/NSPS survey is necessary, or whether a simpler boundary survey will suffice.
If litigation becomes necessary, preserve evidence showing which owner requested the survey and why.
Consult a Montana real property attorney early if the property likely will be partitioned, sold, or financed.