How to arrange a property survey for land you co-own with a sibling — Tennessee FAQ
Short answer: Hire a licensed Tennessee land surveyor to perform a boundary or ALTA/NSPS survey. Gather the deed and any plats, invite your sibling to participate and split costs if possible. If your sibling refuses to cooperate, you can still order a survey for your share, but you may need a court partition action to resolve access, divide the property, or force a formal resolution.
Detailed answer — step-by-step guidance
1. Understand what kind of survey you need
Common survey types:
- Boundary survey: Locates the property corners and boundary lines. Most useful for co-owners who want to confirm shared lines.
- ALTA/NSPS survey: A more detailed commercial-style survey showing title matters, easements, and improvements. Often requested by lenders or title companies.
- Plot plan/site plan: Shows structures and improvements relative to the property lines; useful for building or zoning questions.
2. Find and hire a licensed Tennessee land surveyor
Only a licensed professional can produce an official survey. Search for a Tennessee-licensed surveyor through the state regulatory pages or professional directories. Confirm the surveyor is licensed and carries professional liability insurance. Discuss scope, deliverables (paper and digital copies), expected timeline, and the total fee up front.
Helpful official starting points:
- Tennessee Code and statute lookup: https://www.capitol.tn.gov/
- Tennessee Department/board pages for professional licensing (search for land surveyor licensing): https://www.tn.gov/
3. Gather documents the surveyor will need
Provide copies (or originals if available) of:
- The recorded deed(s) showing how you and your sibling hold title (joint tenants, tenants in common, etc.).
- Existing plats, previous surveys, or subdivision maps.
- Title report or policy if available (helps identify easements and restrictions).
- Tax map or parcel number from the county assessor.
4. Coordinate access and cooperation
Surveyors usually need physical access to the property. If your sibling is cooperative, agree on a date and share costs. If they are not cooperative, you can still hire a surveyor to survey the portion you control, but a full boundary survey may require access to all corners and possibly neighboring parcels. The surveyor can advise whether reasonable access exists from public ways or your portion of the land.
5. If your sibling refuses to participate or denies access
Options in Tennessee include:
- Negotiate or mediate: Try a mediated agreement about survey costs, access, or future division.
- Pay for a survey yourself: You may commission a survey for your benefit. That survey is admissible evidence if disputes later arise, though a court may require an updated or independent survey.
- Partition action: If co-owners cannot agree about dividing or using the property, Tennessee law allows one co-owner to file a partition action in court to divide the property or force a sale. A partition action commonly leads to a court-ordered survey as part of resolving boundaries or preparing property for division. For information about Tennessee statutes and court rules, see the Tennessee Code and local court rules at https://www.capitol.tn.gov/.
6. Understand costs and timing
Costs vary by property size, difficulty, and survey type. A simple boundary survey on an easy-to-access lot might be modest; large, wooded, or rugged sites cost more. Expect the process to take days to several weeks depending on scheduling, research required, and whether corners must be reestablished.
7. Use survey results to resolve co-ownership issues
A certified survey provides a clear map of boundaries and improvements. You can use it to:
- Negotiate a written boundary agreement with your sibling.
- Record an updated plat or boundary line agreement with the county register of deeds.
- Inform a partition action or property sale.
Practical examples (hypothetical facts)
Example A: You and your sibling jointly own a 2-acre parcel. Your sibling wants to install a fence. You hire a Tennessee licensed surveyor to confirm the eastern boundary before construction. You share the cost and record the survey so the fence and future buyers know the line.
Example B: You own half interest as tenants in common. Your sibling refuses access for a survey and later blocks you from using a path to a corner. You hire a surveyor to map the portion you can reach and consult a lawyer about a partition action to force access or divide the property.
Relevant Tennessee law and official resources
Tennessee recognizes co-ownership and provides judicial procedures if owners cannot agree. For authoritative code text, search the Tennessee Code Annotated at the Tennessee General Assembly website: https://www.capitol.tn.gov/. For professional licensing and rules for land surveyors, check Tennessee state regulatory pages via https://www.tn.gov/ and the appropriate licensing board.
Helpful Hints
- Start by communicating: a brief written agreement with your sibling about splitting costs and scheduling avoids most conflicts.
- Always hire a Tennessee-licensed land surveyor. Ask for references and a sample final deliverable (map/plat).
- Bring deeds, plats, tax parcel numbers, and any prior surveys to your first meeting with the surveyor — it speeds the job and lowers cost.
- Record the final survey with the county register of deeds so future buyers and lenders see the updated information.
- If access is denied, document attempts to coordinate — this may help in mediation or court if necessary.
- Consider mediation before litigation. Courts commonly prefer parties try to resolve boundary disputes without a full partition action.
- Keep copies of all communications, agreements, and survey documents in a shared folder so both co-owners have the same information.
When to talk to an attorney
Consult a Tennessee real estate attorney if:
- Your sibling flatly refuses access and you cannot negotiate.
- You suspect adverse possession, encroachments, or complicated title issues.
- You plan to file a partition action or need help preparing a boundary line agreement to record.
Disclaimer: I am not a lawyer. This article is informational only and does not provide legal advice. For advice specific to your situation, consult a licensed Tennessee attorney or a Tennessee-licensed land surveyor.