Detailed answer — how Arkansas law treats survey costs between co-owners

When two or more people co-own real property in Arkansas, disputes about boundaries, use, division, or sale sometimes require a professional land survey. Who pays for that survey depends on the situation, the parties’ agreements, and whether a court becomes involved.

Key legal principles that apply in Arkansas:

• Private agreement controls when present. If co-owners (for example, joint tenants or tenants in common) have a written agreement or deed terms allocating expenses, those terms generally control. Absent an agreement, co-owners should try to reach a written understanding about who hires and pays the surveyor.
• The requesting party usually initially pays. If one co-owner unilaterally orders a survey, that co-owner normally pays the cost up front. That person may later seek contribution from the other co-owner(s) if a court determines the survey was necessary for protecting or enforcing a co-owner’s property rights.
• Partition actions let the court allocate costs. If co-owners cannot agree and one files a partition action in Arkansas to divide or sell the property, the court can order a survey, appoint commissioners, and allocate costs. Costs of partition (including surveys and appraisals) can be charged against the property or apportioned among the parties according to the court’s judgment. To see Arkansas statutes on partition and related remedies, review the Arkansas Code on partition procedures via the Arkansas Legislature code search: https://www.arkleg.state.ar.us/Services/CodeSearch?searchText=partition
• Boundary disputes may lead to equitable remedies. In a boundary dispute the court may order a survey and decide who bears the cost as part of its equitable relief. The court considers reasonableness, who caused the dispute, and each party’s conduct.

Practical outcomes you can expect in Arkansas:

• If you privately hire a surveyor because you want to sell or fence the property and your co-owner refuses to cooperate, you will typically pay initially. You may later ask a court for contribution if the survey benefits the co-ownership or is necessary to protect your interest.
• If the conflict leads to a partition lawsuit, the court may order a survey and decide how to allocate the cost—sometimes charging the expense to the property sale proceeds so each co-owner effectively pays according to ownership share.
• If a survey reveals a boundary problem caused by one party’s actions (for example, unlawful encroachment), the court may place the cost burden on that party.

Relevant Arkansas procedures and sources

Because partition and boundary disputes are handled through Arkansas civil courts, procedural and statutory rules affect outcomes. You can review Arkansas statutes and search for terms like “partition,” “boundary,” and “real property” on the Arkansas Legislature website: https://www.arkleg.state.ar.us/Services/CodeSearch?searchText=partition. For general civil procedure context, see the Arkansas Code and local circuit court rules where the property is located.

How this typically plays out — a short hypothetical

Hypothetical: Two siblings own a tract as tenants in common. One sibling hires a surveyor because a buyer wants a clear boundary; the other refuses to sign access permission. The hiring sibling pays $900. If the buyer proceeds, both benefit from the survey; the hiring sibling can ask the co-owner to contribute. If the co-owner refuses, the hiring sibling could either sue for contribution or file a partition action asking the court to (1) order a survey, (2) divide or sell the property, and (3) allocate the survey cost during distribution of proceeds.

When to consider court involvement

• Co-owners cannot reach agreement despite reasonable negotiation or mediation.
• One co-owner refuses access needed for a survey or intentionally obstructs the process.
• The dispute impedes a sale, development, or the protection of title.

Filing a partition or boundary action starts a court process where the judge can order a survey and issue binding allocations for costs.

Helpful hints

1. Try to get a written agreement among co-owners before ordering a survey. A simple allocation clause prevents disputes later.
2. Get multiple quotes and choose a licensed Arkansas land surveyor. Typical costs vary by parcel size and complexity — often several hundred to a few thousand dollars.
3. Consider a neutral, jointly selected surveyor to reduce perceived bias.
4. Document all communications about the survey and offers to share costs; this helps in later court or mediation settings.
5. Use mediation before suing. Courts often view a party’s refusal to negotiate as relevant when allocating costs.
6. If you file a partition or boundary action, ask your attorney about requesting the court to charge survey costs against sale proceeds rather than against an individual’s pocket.
7. Check the Arkansas Code and local court rules for partition and civil procedure details: https://www.arkleg.state.ar.us/Services/CodeSearch?searchText=partition