Who pays for a property survey when co-owners disagree? — New Mexico FAQ

Short answer: In New Mexico, there is no single automatic rule that forces one co-owner to pay for a survey. Typically co-owners share costs by agreement. If they cannot agree, a co-owner who wants a survey can pay and seek contribution, or file a court action (for example, a partition action) asking a judge to order a survey and allocate costs. Courts can apportion costs based on fairness and benefit to each owner.

Detailed answer — what New Mexico co-owners should know

This section explains how responsibility for survey costs usually works, practical steps to resolve disputes, and the legal options available under New Mexico law.

1. Who normally pays for a survey?

If co-owners have a written agreement (deed, partnership or operating agreement, or contract), that document controls who pays. Absent an agreement, co-owners usually split expenses associated with jointly owned property in proportion to their ownership interest. In practice, many co-owners either:

• Split survey costs equally, or
• Split costs pro rata based on ownership percentage, or
• Have the owner who wants the survey pay upfront and obtain reimbursement or credit later.

2. If one co-owner wants a survey and another refuses, what can the first co-owner do?

Options include:

• Negotiate or mediate. Mediation or a neutral meeting often resolves who pays.
• Offer to pay now and ask for written promise of contribution later. A written agreement avoids future disputes.
• Ask a title company or closing attorney whether existing surveys, plats, or title documents satisfy the need. Sometimes an updated title report or an ALTA/NSPS survey addendum is enough.
• File a lawsuit. Common actions include a boundary dispute claim or a partition action asking the court to divide or sell the property. In those proceedings, the court can order a survey and assign who pays or how costs are split.

3. What happens in a partition action?

A partition action is the typical remedy when co-owners cannot agree about use, sale, or division of the property. A co-owner can ask the court to partition the property in kind (physically divide) or by sale. If a survey is needed to divide or describe the property, the court can order a survey and decide who pays or how the cost is apportioned. For more about civil actions and forms in New Mexico see the New Mexico Courts site: https://www.nmcourts.gov.

4. Can a co-owner who pays get reimbursed?

Yes. If a co-owner pays for a survey that benefits all owners, they can seek contribution from the others. Contribution may occur voluntarily by agreement, or via lawsuit (for example, in a partition or accounting action). Courts consider who requested the survey, who received the benefit, and fairness in allocating costs.

5. Who decides the type of survey and which surveyor to hire?

Survey type (boundary survey, ALTA/NSPS survey, mortgage survey, topographic survey) affects cost and usefulness. Co-owners should try to agree on type and on hiring a licensed New Mexico surveyor. If they can’t, a court can order a particular type of survey and appoint a surveyor. Verify licensing information with the New Mexico Regulation and Licensing Department: https://www.rld.state.nm.us.

6. Practical points about cost and timing

• Survey costs vary by property size, access, terrain, and municipality; expect a range from a few hundred to several thousand dollars.
• Get written quotes from at least two licensed surveyors before agreeing to a contractor.
• Ask whether the cost includes monument setting, stakes, legal descriptions, or a survey map suitable for recording.
• Keep all communications in writing. A clear email trail or signed agreement helps if you later ask a court for reimbursement.

When you may need a lawyer

Talk with an attorney if:

• Co-owners cannot agree and the dispute affects use, sale, or financing of the property.
• One owner refuses to cooperate with a necessary survey that prevents title transfer or closing.
• The dispute raises boundary, title, or adverse possession issues.

A lawyer can advise whether a demand letter, mediation, or a partition/boundary lawsuit is the best next step.

Relevant New Mexico resources

• New Mexico Courts (civil actions and self-help): https://www.nmcourts.gov
• New Mexico Legislature — statutes and code search: https://www.nmlegis.gov
• New Mexico Regulation & Licensing Department (licensing for surveyors): https://www.rld.state.nm.us

Helpful Hints

• Put any agreement about paying for a survey in writing before work begins.
• Get multiple written survey bids and ask what each bid includes.
• Check the surveyor’s New Mexico license and references at the RLD site.
• Consider mediation before filing a lawsuit — it’s faster and cheaper than court.
• If you pay and seek reimbursement later, keep receipts and a copy of the report or plat showing the benefit to co-owners.
• Ask whether an updated title commitment or existing deed descriptions might avoid a new full survey.
• When in doubt, consult a New Mexico real estate attorney about partition, boundary disputes, or contribution claims.

Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation in New Mexico, consult a licensed attorney.