Detailed Answer
When multiple people co-own real property in Ohio and they disagree about obtaining a property survey, there is no single automatic rule that says one co-owner must pay. Responsibility depends on the facts, any prior agreement between the owners, and the path chosen to resolve the disagreement.
Common outcomes under Ohio practice are:
- Agreement controls: If co-owners agree in writing (or by clear course of conduct) how survey costs will be split, the written agreement typically governs. For example, an agreement to split costs evenly or to have the requesting owner pay up front and be reimbursed is enforceable as a contract.
- Voluntary unilateral survey: If one co-owner hires and pays for a survey without the others’ consent, that owner usually bears the upfront cost. The paying owner may be able to seek reimbursement later in court if the survey was reasonably necessary to protect or preserve the property or to resolve a dispute, but reimbursement is not automatic.
- Boundary, quiet-title, or partition litigation: If co-owners cannot agree, an owner can ask a court to resolve the issue. Ohio law permits an owner to bring a partition action or other property dispute in court (see Ohio Rev. Code Chapter 5307 on partition). In that setting the court can order a survey, appoint commissioners, or direct a sale or division. The court also has authority to allocate the costs of partition, including surveys and surveyor fees, among the parties in a way it deems equitable.
- Costs allocated by the court: In a partition action or similar proceeding, the judge may treat survey charges as part of the costs of the action and apportion them between the co-owners according to their respective interests, the equities of the case, or other relevant factors. That means a court can require the party who wanted the survey to pay, require equal sharing, or order a different allocation based on fairness.
Practical examples:
- If two siblings own land as tenants in common and one wants a survey so the siblings can fairly divide the tract, the siblings can agree to split the bill. If they cannot agree and one files a partition action, the court may order a survey and apportion the survey cost among both siblings from the sale proceeds or by direct order.
- If a co-owner orders a boundary survey to protect the property from encroachment and the survey confirms the encroachment, a court resolving the dispute may shift some or all of the survey costs to the party who created the problem or to the losing party.
Statutory framework and resources:
Ohio’s partition and related procedures are governed by the Ohio Revised Code. The court’s power to order partition and to handle costs is generally found in Chapter 5307; read that chapter for statutory language about partition procedure and allocation of costs: Ohio Revised Code Chapter 5307 (Partition). A court’s equitable power in property disputes often determines how survey costs are allocated when co-owners disagree.
Who pays in practice depends on these factors: whether there is a written agreement; whether a court is involved; whether the survey was reasonably necessary to preserve value or resolve a dispute; and what the court considers fair under the circumstances.
What to expect if you go to court
If you file for partition or a quiet-title action in Ohio, expect the court to consider:
- Whether the survey was necessary to identify or divide the property;
- Which party requested or forced the need for the survey;
- Each co-owner’s interest in the property and any equitable factors (for example, who benefitted from the survey); and
- Whether costs should be taken from sale proceeds or allocated directly between parties.
Helpful Hints
- Get any agreement about a survey in writing (who hires the surveyor, who pays, and who keeps the report).
- Obtain multiple written estimates from licensed Ohio surveyors before agreeing to a price. Use a licensed professional to ensure the survey meets legal and title standards.
- Check your deed, any agreements among owners, and title insurance documents for clauses that address surveys or cost-sharing.
- Consider mediation or neutral negotiation before filing court papers. Courts often respect voluntary agreements reached by parties.
- If you expect to file a partition or boundary action, hire an attorney early. They can advise whether a survey is necessary and whether the court is likely to award costs—and how best to document your position.
- Keep records: receipts, communications with co-owners, copies of the survey, and estimates. These help a court decide whether reimbursement is appropriate.
- Understand that if you pay for a survey unilaterally, recovery can be uncertain unless a court later orders reimbursement.
Disclaimer: This article is for general information only and does not constitute legal advice. I am not a lawyer. For advice about a specific situation in Ohio, consult a licensed Ohio attorney who can review your facts and recommend a course of action.