Short answer

When co-owners in Alabama disagree about getting a property survey, there is no single automatic rule that forces one party to pay. Typically, the person who requests the survey will pay up front. If the disagreement leads to a lawsuit (for example, a partition or boundary action), a court can order who ultimately bears the cost — sometimes dividing the bill among the owners, charging it against the property, or requiring the requester to pay and later allowing recovery. Written agreements, negotiations, or a court order determine the final outcome.

Detailed answer — how this works under Alabama law

Start with the basics: a property survey establishes boundaries and provides a legal description a title company or buyer can rely on. Co-owners (joint tenants or tenants in common) share rights to the property but not always to decisions about expenditures. The steps below explain how payment responsibility usually plays out in Alabama.

1. Voluntary surveys and private agreements

If one co-owner asks for a survey and the others do not object, the parties can agree in writing who pays. Common arrangements include:

• Requester pays the full cost up front.
• Co-owners split the cost equally or by ownership percentage.
• The property pays (costs charged as a lien or reimbursed at sale) if owners agree.

Always get a written agreement specifying scope of work (boundary survey, ALTA/NSPS, mortgage survey), fee estimate, and payment terms.

2. When co-owners disagree — practical options

If some co-owners refuse to approve a survey you want, practical choices include:

• Pay for the survey yourself and keep records. If you later sell or bring an action, you may seek reimbursement or a credit.
• Try mediation or negotiation. A neutral mediator can often get co-owners to split costs or choose a mutually acceptable surveyor.
• Use a limited, less expensive survey (a boundary stake-out) rather than a full ALTA survey, if that meets your immediate needs.
• File a lawsuit (see next section) to resolve the dispute.

3. Court involvement — partition and boundary actions

If disagreement continues, a co-owner can file a civil action to resolve ownership or boundary issues. Two common claims are:

• Partition action — forces division of property among co-owners or sale and division of proceeds.
• Boundary action — seeks a judicial determination of the property lines.

In these actions, an Alabama court can order a survey and apportion the cost as justice requires. A judge might:

• Order the parties to share survey expenses proportionally.
• Charge the cost against the property as a lien and deduct it from the proceeds if the court orders sale.
• Require the party who unreasonably resisted the survey to pay more of the cost or to cover the other side’s expenses.

These remedies depend on the facts and the judge’s equitable discretion. For information about partition and other real property remedies in Alabama, see the Code of Alabama or consult a local attorney. The Alabama legislative website provides access to the Code of Alabama, 1975: https://www.legislature.state.al.us/ (search for “partition” or “boundary actions” in the Code of Alabama, 1975).

4. Land surveyors, licensing, and standards

Choose a licensed land surveyor in Alabama. The Alabama Board of Licensure for Professional Engineers and Land Surveyors oversees licensing and standards. For rules and licensing information, consult the Alabama state legislature site and the Board’s resources (search the Code of Alabama for the board statutes and regulations at https://www.legislature.state.al.us/).

5. Practical outcomes you can expect

• If you pay for a survey without agreement and no lawsuit follows, you may have limited ability to force others to reimburse you later unless you can prove they benefited or you have an express agreement.
• If the dispute goes to court, the judge can shift costs, award reimbursement, or include costs in a partition sale distribution.
• If co-owners plan to sell, lenders/title companies often require a survey; the sale process may allocate the cost in the closing statement.

Helpful hints

• Get at least two written estimates from licensed surveyors before committing.
• Use a written payment agreement when co-owners consent to a survey. Include who pays, what type of survey, and how disputes will be handled.
• Consider a limited survey if you only need stakes for a fence or to confirm a specific boundary—it’s cheaper than a full ALTA survey.
• Preserve receipts and the survey report. If you later sue or negotiate sale, documentation supports reimbursement claims.
• Mediation is often faster and cheaper than litigation for co-owner disputes. Try mediation before filing a partition/boundary action.
• If a bank, buyer, or title company requires a survey for financing or title insurance, expect that party or the transaction to allocate the cost in the closing documents.
• Consult a real estate attorney early if co-owners strongly disagree. An attorney can explain likely court outcomes and statutory remedies under Alabama law.

Resources: Start with the official Code of Alabama and the Alabama Board of Licensure for Professional Engineers and Land Surveyors. Use the Alabama legislature site for statute search: https://www.legislature.state.al.us/.

Disclaimer

This article is for general information about Alabama property matters. It does not provide legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Alabama attorney.