Detailed Answer

Short answer: In Nebraska, there is no single automatic rule that one co-owner must always pay for a boundary or property survey. In practice the parties should try to agree to share the cost; if they cannot, a court in a partition, quiet-title, or boundary-dispute case can order a survey and decide how to allocate the expense among the co-owners.

This answer explains the typical options, how Nebraska law treats disputes over surveys, and practical steps you can take if co-owners disagree.

How responsibility is normally determined

1) Agreement in writing. If the co-owners have an agreement, deed clause, or operating agreement that allocates responsibility for surveys or boundary work, that contract controls. Always check written instruments first.

2) Voluntary payment and contribution claims. If one co-owner pays for a survey to protect his or her interest (for example, to sell, refinance, or make improvements), that person can ask the other co-owners to reimburse a fair share. If they refuse, the paying co-owner may be able to sue for contribution.

3) Court-ordered survey in partition or boundary actions. When co-owners cannot agree, a party can file a partition action or a boundary/quiet-title action in county court. Under Nebraska’s statutes governing partition and civil actions, the court has authority to order a survey or plat and to allocate costs. The court can direct that the cost be shared equally, divided according to ownership percentages, or charged to one party (for example, if a party’s conduct created the dispute). For the Nebraska statutes governing partition and related remedies, see Nebraska Revised Statutes, chapter 25: https://nebraskalegislature.gov/laws/statutes.php?chapter=25.

When the court will order a survey and how it allocates costs

– Purpose of the survey: Courts order a survey when the legal description, adverse claims, or physical boundaries are unclear and a professional determination helps resolve title or division issues.

– Discretion in allocation: Nebraska courts exercise discretion in awarding costs. The judge can apportion the survey expense among the parties in a way the court finds equitable. That means the court might require all co-owners to split the cost equally, in proportion to ownership shares, or require the losing/culpable party to pay more (or all) of the cost.

– Factors the court considers: ownership percentages, who initiated the dispute, which party benefited from the survey, whether any co-owner acted in bad faith, and general equity. Because courts have discretion, results differ based on the facts.

Practical routes to resolve the dispute

1) Negotiate a cost-split. The simplest solution is for co-owners to agree in writing to split the survey cost. Common splits are 50/50 or pro rata by ownership interest.

2) Mediation. Use a neutral mediator to reach a binding or non-binding agreement. Mediation is usually faster and cheaper than court.

3) One party pays now and seeks reimbursement later. If someone needs the survey immediately (to refinance or sell), they can pay for it and then demand reimbursement. Document the payment and request reimbursement in writing; preserve receipts and the survey invoice.

4) File a partition, quiet-title, or boundary-dispute suit. If negotiation fails, filing a court action lets a judge order a survey and decide who pays. Expect court fees, possible expert testimony, and a longer timeline.

Typical outcomes and timelines

– Private agreement: days to weeks.

– Mediation: weeks to a few months.

– Court action (partition or quiet title): several months to a year (or longer) depending on complexity and court calendar. After a filing, the court may promptly order a survey if it will materially help resolve the dispute.

Evidence and documents to gather

Deeds and recorded documents showing ownership shares and legal descriptions.
Any prior surveys, plats, or title insurance policies.
Records of improvements, fences, or uses that relate to the disputed boundary.
Communications among co-owners about the survey (emails, texts, letters).
Invoices, estimates, and qualifications from licensed Nebraska surveyors.

When a lender, buyer, or title company asks for a survey

Often a lender or buyer will require a current survey; in those cases the party benefiting (borrower or seller) commonly pays the cost. If co-owners cannot agree, the requesting party normally advances the cost but may later seek contribution from other co-owners.

Costs you might expect

Survey prices vary widely—simple lot corners can be inexpensive, complex rural boundary surveys or surveys with extensive research, monument reset, or staking can cost more. Ask for written bids from licensed Nebraska surveyors and get a written scope of work before payment.

Helpful Hints

Put agreements in writing. If co-owners agree to share costs, draft a short written agreement specifying how much each will pay, timing, and what happens if someone refuses.
Get multiple survey bids. Ask for itemized estimates and timelines from licensed surveyors in Nebraska.
Check for prior surveys. A recent certified survey or a recorded plat may reduce the need for a new full boundary survey.
Consider mediation first. It’s faster and less expensive than court and often preserves relationships between co-owners.
If you pay and want reimbursement, document everything. Keep invoices, proof of payment, and written demands for reimbursement.
Talk to a real estate attorney when stakes are high. An attorney can explain likely cost-allocation outcomes and whether filing a partition or quiet-title action makes sense.

Where to look in Nebraska law

Nebraska’s statutes governing partition, actions affecting title, and civil procedure guide how courts handle real-property disputes and related costs. See Nebraska Revised Statutes, chapter 25 for the statutory framework and procedure: https://nebraskalegislature.gov/laws/statutes.php?chapter=25. For rules on court procedure and costs, review the Nebraska court rules and local county court procedures.

When to consult an attorney

Contact an attorney if:

Co-owners cannot agree and the cost or outcome is significant.
You face a sale, refinance, or development decision contingent on the survey.
There may be a boundary dispute, adverse possession claim, or potential claims for contribution.

An attorney can advise whether to demand reimbursement, to mediate, or to file a partition or quiet-title action and can help ask the court to allocate survey costs fairly.

Disclaimer: This information is for general education only and is not legal advice. Consult a licensed Nebraska attorney to discuss specific facts and legal options.