Short answer
When co-owners disagree about ordering a property survey in Alaska, whoever hires and pays the surveyor typically pays up front. However, a court can later require the other co-owner(s) to share or reimburse the cost—especially in a partition action or other lawsuit where the survey was necessary to resolve ownership or boundaries. Co-owners can also agree in writing to split costs, mediate the dispute, or use a boundary line agreement to avoid litigation.
Detailed Answer — How this works under Alaska law
This section explains the common situations that arise when co-owners dispute a survey and how Alaska law typically handles them. This is educational information only and not legal advice.
1. Preliminary principle: who hires vs. who ultimately bears the cost
If one co-owner hires a professional surveyor, that co-owner must pay the invoice initially. That person may later try to recover part or all of the cost from the other co-owners by agreement or in court.
2. Voluntary agreement and written cost-sharing
The simplest solution: co-owners put the cost-sharing arrangement in writing before the survey starts. A written agreement reduces disputes and is enforceable as a contract. The agreement can specify who selects the surveyor, scope of work, payment schedule, and dispute resolution (mediation or arbitration).
3. If co-owners cannot agree: mediation or alternative dispute resolution
Before filing a lawsuit, consider mediation. A neutral mediator can help co-owners agree on whether a survey is needed and how to pay. Mediation is usually faster and cheaper than court.
4. Partition actions and the court’s role in Alaska
If co-owners cannot resolve the matter, one co-owner may file a partition action to divide or sell the property. Under Alaska’s partition law, the court determines how to divide the property (in kind) or orders a sale and can allocate costs among the parties. A survey may be necessary to create a precise legal description for division or sale, and the court can treat survey expenses as part of the litigation costs or equitable adjustments among owners.
See Alaska’s partition statute: AS 09.45.010 (Partition of property) and the chapter on partition proceedings: AS 09.45 (Partition). The court has broad equitable authority to divide costs and adjust interests when necessary to achieve a fair result.
5. Recovering survey costs after the fact
If one owner pays and later seeks reimbursement, possible paths include:
- Filing a lawsuit for contribution or unjust enrichment if the other owner benefitted from the survey.
- Asking the court in a partition action to allocate survey costs as part of the division or sale proceeds.
- Including survey costs in an accounting between co-owners (common in fiduciary or partnership contexts).
Outcomes depend on the facts: who requested the survey, whether it benefited all owners, and equitable considerations.
6. Licensed surveyors and required practices in Alaska
Use a licensed professional land surveyor. Alaska regulates land surveyors through its professional licensing board. Hiring a licensed surveyor improves the reliability of boundary work and strengthens any later court reliance on the survey. For licensing and rules, see the Alaska Department of Commerce board information: Board of Professional Engineers and Land Surveyors.
7. Practical effects and likely court rulings
Courts aim to reach an equitable result. If one co-owner unreasonably refuses a reasonable, necessary survey, a court may order the refusaling party to share costs. If the survey was unnecessary or overly expensive, a court may limit reimbursement. If the survey benefits all owners (clarifying boundaries or enabling a sale), reimbursement is more likely.
Common hypothetical (illustrative)
Two siblings own a coastal lot as tenants in common. One sibling hires a surveyor and pays $3,000 because a buyer asked for a legal description. The other sibling refuses to contribute. The paying sibling can:
- Show the invoice and an explanation that the survey was necessary to market or sell the property.
- Demand contribution in writing and offer mediation.
- If the other sibling still refuses, file a partition action and ask the court to either divide/sell the property and require the other sibling to reimburse a fair share of the survey cost or adjust interests accordingly.
Helpful Hints
- Get a written agreement before ordering a survey. Specify scope, cost share, and payment terms.
- Use a licensed Alaska land surveyor to ensure compliance with professional standards. See the Alaska licensing board page linked above.
- Try mediation before litigating. It often saves time and money.
- If you pay for a survey, keep detailed invoices, copies of survey maps, and evidence that all owners were notified and had the opportunity to participate.
- Consider whether a simpler solution (boundary line agreement or updated title documentation) can resolve the issue without a new survey.
- If you expect litigation (partition), preserve communications and receipts—courts consider fairness and benefit to co-owners when allocating costs.
- Ask a lawyer about filing a partition action if negotiations fail; the court can both resolve ownership and allocate costs. See Alaska partition statute: AS 09.45.010 and AS 09.45.
Next steps
If you are a co-owner: start by requesting cost estimates and a written cost-sharing proposal from the co-owner who wants the survey. If the dispute escalates, consider mediation. If mediation fails and the matter affects ownership or sale, consult a real estate attorney about filing a partition action and asking the court to allocate survey costs fairly.
Disclaimer: This article explains general principles of Alaska law and common practice. It is not legal advice and does not create an attorney-client relationship. For advice about a specific dispute, consult a licensed Alaska attorney.