Detailed Answer

1. Why get a survey?

A current, professional survey establishes the property boundary, locations of improvements (house, garage, fences), easements, encroachments, and a legal description you can use in a deed or subdivision. Surveys are useful for selling, refinancing, fencing, building, or resolving boundary disputes.

2. Start by communicating and collecting documents

1. Talk with your sibling. If you both agree to a survey, the process is simpler and cheaper.
2. Collect the deed(s), any prior surveys, plats, title commitments, mortgage documents, and the parcel tax ID. Pull recorded documents from the county register of deeds or assessor’s office (many counties post records online).
3. Note any known disputes, fences, or improvements that might affect the survey.

3. Hire a licensed land surveyor

Pick a surveyor licensed in Nebraska. Ask for references, sample surveys (certified survey maps), insurance proof, and a written quote describing scope (boundary survey, ALTA/NSPS survey for transactions, topographic, or subdivision). A boundary survey is most common for co‑owned residential lots; an ALTA/NSPS survey is typical for commercial transactions or lenders.

4. Scope, timeline, and cost

Agree on the scope: research, fieldwork, monument placement (stakes/pins), and a signed certified survey map or legal description suitable for recording. Typical timeline: 1–6 weeks depending on the project and search needs. Costs vary by property size, terrain, travel distance, and title research; small residential surveys commonly run several hundred to a few thousand dollars in many areas. Get the price and payment terms in writing.

5. Recording and using the survey

When complete, the surveyor will provide a map and legal description. If you and your sibling plan to change ownership percentages or divide the parcel, use the survey’s legal description in new deeds and record them with the county register of deeds.

6. If your sibling refuses to cooperate

Cooperation is best, but if a co‑owner refuses, Nebraska law provides a judicial remedy called a partition action. Through a partition action, a court can order a survey, divide the property between owners (partition in kind) if practical, or order a sale with proceeds divided. For more on Nebraska’s partition procedures, see the Nebraska statutes on partition (Chapter 25 of the Nebraska Revised Statutes): Neb. Rev. Stat. chapter 25. A partition action typically requires filing in county court and may take months and involve legal fees and court costs.

7. Practical example (hypothetical)

Two siblings co‑own a 2‑acre lot in a Nebraska county. Both agree to split it into two halves along a straight line. Steps they follow: check the deed and county plat, hire a licensed surveyor for a boundary and lot split, get a certified survey map showing the new parcels, prepare two new deeds referencing the survey’s legal descriptions, sign and record the deeds. If one sibling had refused, the other could have filed a partition action asking the court to order a survey and either divide the land or sell it and divide proceeds.

8. When to consult an attorney

• If your sibling refuses to cooperate;
• If a boundary dispute escalates (fences, buildings encroaching, or adversarial claims);
• If you intend to subdivide or change ownership percentages or if title issues appear in your records.

An attorney can explain how Nebraska’s partition process works for your facts, help draft agreements allocating survey costs, and represent you if you need to go to court.

9. Evidence and title checks

Good surveys rely on chain‑of‑title research. Check county records for deeds, easements, plats, and recorded surveys. If mortgages or liens exist, the lender may require an ALTA/NSPS survey for refinancing or sale.

Helpful Hints

• Always get a written contract from the surveyor with a clear scope, timeline, and cost estimate.
• Ask the surveyor whether their work will include placing permanent monuments (iron rods) and whether there’s a separate fee for monument setting.
• Check the county register of deeds online for past surveys and the legal description before contacting a surveyor.
• If both co‑owners plan a split, sign a short written agreement beforehand that explains how costs and future sale proceeds will be handled.
• Keep copies of the completed survey and include the survey legal description in any new deed to make records clear for future buyers.
• If a dispute exists, document communications in writing and preserve photographs of fences, improvements, and markers.
• When hiring professionals, verify the surveyor’s Nebraska license and ask if they carry professional liability insurance.