Short answer
If you co-own real property in New York and need a survey, the practical steps are: confirm ownership and existing surveys, agree with your co-owner on scope and payment, hire a New York–licensed land surveyor, provide the surveyor with deeds and any title information, permit access for fieldwork, and record or keep the certified survey you receive. If your co‑owner refuses access or won’t cooperate, you may need legal help to resolve the dispute or seek a court remedy.
Detailed answer — step-by-step under New York practice
1) Decide what kind of survey you need
Common surveys:
- Boundary survey — locates property corners and lines.
- Improvement/As-built survey — shows buildings, fences, driveways in relation to boundaries.
- ALTA/NSPS survey — used for commercial transactions or lender requirements.
Choose the type based on your goal: clear title questions, fence disputes, sale, financing, or construction.
2) Gather documents before you contact a surveyor
Provide the surveyor with:
- A copy of the deed(s) for the co-owned property.
- Any prior surveys, plats, or title report you have.
- Tax map or parcel ID from your county assessor’s website.
- Contact information for all owners (the surveyor will want permission to access the site).
3) Agree with your co-owner on the scope and payment
Because you co-own the property, both owners should ideally agree on the survey scope, the chosen surveyor, and who pays. If you both pay, decide how costs will be split. Put the agreement in writing (email or short agreement) to avoid later disputes.
4) Hire a properly licensed New York land surveyor
New York requires land surveyors to be licensed. Use the New York State Office of the Professions to locate licensed surveyors and confirm credentials: https://www.op.nysed.gov/professions/land-surveying. Ask for:
- A written proposal that describes the scope, deliverables (signed, sealed map or plan), price, and timeline.
- Proof of professional liability insurance if available.
- References and example surveys.
5) Fieldwork and access
The surveyor will need to visit the property and may need to access neighboring properties to locate corners and monuments. Get written permission for access from your co-owner and, if necessary, from neighbors. If a co-owner refuses entry, track communications in writing and consult an attorney about enforcement options.
6) Deliverables: signed, sealed survey and legal description
In New York you should receive a signed and sealed map or plat and a written description (if requested). Make sure the survey includes key data: distances, bearings, monuments, improvements, encroachments, and a legend noting the survey date and who prepared it.
7) Recording or filing the survey
Counties differ on whether surveys must be recorded. You don’t always have to record a survey; many owners keep the original with title papers. If you record a map with the county clerk or file it with a title company or municipality, check your county clerk’s office for local procedures.
8) If the sibling refuses to cooperate
If your co-owner denies permission to survey or access, options include:
- Negotiation or mediation to reach a limited access agreement.
- Using a licensed surveyor to prepare a survey based on public records and visible evidence (may be limited).
- Consulting a real estate attorney about a court remedy — in some cases, a partition action or court order can force a resolution when co-owners are deadlocked.
9) Cost and timeline
Typical cost factors: property size, topography, number of improvements, need for research, and local market rates. A simple lot boundary survey can take days to weeks and cost a few hundred to a few thousand dollars. Complex or remote properties cost more. Get a written estimate and, if possible, a not-to-exceed price.
10) When to consult an attorney
Talk with a real estate attorney if:
- Your co‑owner refuses access or to pay.
- The survey reveals encroachments, conflicting deeds, gaps, or overlapping claims.
- You plan to subdivide, sell, refinance, or otherwise change ownership interests.
Helpful Hints
- Always confirm the surveyor’s New York license through the Office of the Professions: https://www.op.nysed.gov/professions/land-surveying.
- Keep all communications with your co-owner in writing (email or text) so there’s a record of agreements about access, payment, and scope.
- Ask the surveyor for a stamped, signed copy and an electronic copy for your closing or title company.
- If you’re refinancing or selling, ask the lender or title company if they require an ALTA/NSPS survey format.
- Check local municipal or county rules — some towns require a survey for permits, new structures, or septic work.
- If cost is an issue, consider splitting a basic survey’s cost equally or negotiating payment as part of a larger transaction (sale, refinance).
- If your survey uncovers a boundary dispute or suspected adverse possession, preserve evidence (photos, marked corners) and contact an attorney promptly.