Detailed answer
This section explains, in plain language, who typically pays for a property survey when two or more co-owners disagree and what to do next under Nevada law. This is educational information only and not legal advice.
How payment usually works when co-owners agree
If co-owners agree, they decide how to split the cost. Many people split the bill evenly, prorate by ownership share, or have the buyer or the co-owner seeking the survey pay up front and later get reimbursed. A clear written agreement that states who pays, who hires the surveyor, and how results will be shared prevents future disputes.
When co-owners disagree: practical options
If co-owners cannot agree on getting or paying for a survey, common options include:
- One owner hires and pays for the survey. That owner can obtain the information they want, but the other co-owner may not be required to reimburse unless a later agreement or court order requires reimbursement.
- Negotiate or mediate—many disagreements can be settled through negotiation or a neutral mediator who helps allocate costs fairly (for example, proportionate to ownership interest).
- File a court action—where agreement fails, a co-owner may file a petition in court for partition or a boundary determination. In Nevada, statutes governing actions that affect real property — including partition and related relief — are in Chapter 40 of the Nevada Revised Statutes. See NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html. A court can order a survey, appoint commissioners, and allocate costs as part of the process.
What happens in a partition or boundary action
When a co-owner files a partition action under Nevada law, the court has tools to resolve the dispute. The court can:
- Order a survey or appoint a licensed surveyor to determine boundary lines or to assist in dividing property;
- Order partition in kind (physically divide the land) or order sale of the whole property and divide proceeds;
- Allocate or charge the reasonable costs of partition (including surveys, appraisals, and commissioners� fees) to the property estate or among the parties as the court considers fair.
For provisions related to partition and other actions affecting real property, see NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html. For rules about licensed surveyors who perform surveys in Nevada, see NRS Chapter 625: https://www.leg.state.nv.us/NRS/NRS-625.html.
Will a court make a co-owner pay for a survey?
Courts have discretion. In a partition action, the court can order a survey and either charge costs against the property, require the party who sought the survey to pay, or apportion costs among owners. If a boundary action proceeds, the court can award costs to the prevailing party in some circumstances. The exact outcome depends on case facts and the judge�s discretion.
Survey types and why the type matters
Different surveys serve different purposes and have different costs. Common types include:
- Boundary survey—identifies property lines and corners; typical for boundary disputes between co-owners.
- ALTA/NSPS survey—detailed commercial survey often required by lenders for sales or financing.
- Topographic survey—shows elevations and features; used for development.
Choosing the right type reduces unnecessary expense and focuses the work a court or parties will rely on.
Practical steps to take now
- Talk with the co-owner and try to reach a written agreement about who hires the surveyor, the survey scope, and cost-sharing.
- Get multiple written quotes from licensed Nevada surveyors; confirm the deliverable (map, legal description, file-ready documents).
- Include terms in writing: payment schedule, ownership/use of the survey, and whether the survey will be recorded.
- If you cannot agree, consult a real estate attorney about mediation or filing a partition/boundary action under NRS Chapter 40: https://www.leg.state.nv.us/NRS/NRS-040.html.
Helpful hints
- Always get the survey in writing and keep copies. Ask whether the survey will include a stamped, signed certificate from a Nevada licensed surveyor (NRS Chapter 625: https://www.leg.state.nv.us/NRS/NRS-625.html).
- Be clear about who will record the survey and how recording costs will be handled.
- If money is tight, consider mediation to split costs or have one owner pay now with a written agreement for later reimbursement.
- In disputes that may lead to court, preserve communications and invoices; courts consider records when deciding cost allocation.
- Consult a Nevada real estate attorney early if the disagreement involves boundary lines, potential adverse possession, or plans to sell or develop the property.