Arranging a Property Survey for Co-Owned Land in California | California Partition Actions | FastCounsel
CA California

Arranging a Property Survey for Co-Owned Land in California


Detailed answer — arranging a property survey for co-owned land in California

If you co-own real property with a sibling and you want a survey, follow a clear process so the work is useful, lawful, and (if possible) cooperative. Below are the practical steps, legal touchpoints, and what to expect under California law.

1) Identify the property and the reason for the survey

Start by collecting the legal description, parcel number (APN), deed, and any prior surveys or maps. Common reasons for a new survey: determining exact boundaries, preparing for sale or refinance, clearing title issues, or resolving a potential boundary dispute.

2) Talk with your co-owner first

Because you jointly own the property, communicate with your sibling about the planned survey: scope, cost, timing, and who will pay. Co-owners usually have equal rights to possession and to make reasonable use of the property, so cooperation avoids conflict and cost. If your sibling agrees to share costs and access, the process is straightforward.

3) Choose the correct type of survey

Common types of surveys:

  • Boundary survey: Locates property lines and corners.
  • ALTA/NSPS survey: For commercial transactions or lenders; shows easements and improvements.
  • Topo or improvement survey: Shows structures and elevations.

Tell the surveyor why you need the survey so they can propose the right scope.

4) Hire a licensed California land surveyor

Use a licensed Professional Land Surveyor (PLS) in California. Search or verify license status through the California Board for Professional Engineers, Land Surveyors & Geologists: https://www.bpelsg.ca.gov/. Ask for references, proof of license, insurance, sample plats, and a written proposal that lists the deliverables (map, corner records, electronic files) and timeline.

5) Access and entry — what if your sibling refuses?

If your sibling permits access, the surveyor will perform on-the-ground work, contact utilities for markouts, and prepare a record of corners or a parcel map. If the sibling refuses entry or cooperation, your options include negotiation, mediation, or, in persistent disputes, a partition action in court. Under California’s partition statutes, a co-owner can ask the court to divide or sell the property when co-ownership cannot be resolved by agreement; see California Code of Civil Procedure, Partition of Real Property, for the statutory framework: CCP §872.010 et seq.

6) Costs and who pays

Survey cost depends on property size, terrain, access, and type of survey. Small-lot boundary surveys often run from a few hundred to a few thousand dollars; larger or complex jobs cost more. If you and your sibling share ownership equally, you can agree to split costs. If one owner insists and the other refuses to participate, the initiating owner may pay and later seek contribution—sometimes via a partition action—though that can create additional legal expense.

7) What the surveyor will deliver

  • Written survey report and a signed and stamped map or plat.
  • Marked corners (if allowed by local rules) and a description of the evidence used (fences, monuments, deeds).
  • Advice about recording corner records or maps with the county recorder, if appropriate.

8) When a survey leads to a dispute

If the survey uncovers a boundary overlap, encroachment, or competing claims, consider these steps in this order: review title documents; attempt an amicable boundary agreement (written and recorded); use mediation or arbitration to avoid court; and, if necessary, pursue a partition or quiet-title action in court. The partition statute cited above governs court-ordered division or sale of property when co-owners cannot agree: CCP §872.010 et seq.

9) Recording and next steps

If the surveyor prepares a corner record, record a certificate or map with the county recorder per local rules. If you and your sibling agree on a boundary line agreement or an amended parcel map, record it to protect both owners’ interests. If your goal is sale or refinance, provide the survey to your title company early.

Quick checklist to get started:

  1. Gather deed, legal description, APN, and any prior surveys.
  2. Talk with your sibling about scope, timing, and cost-sharing.
  3. Contact and hire a licensed land surveyor from the California board site: https://www.bpelsg.ca.gov/.
  4. Obtain a written proposal and schedule.
  5. If access or cooperation fails, consider mediation; if necessary, consult about a partition action (see CCP §872.010 et seq.).

Note: This summary explains common steps and the relevant California statutory path for unresolved disputes. It does not substitute for consultation with a qualified attorney if you face a legal dispute with your co-owner.

Disclaimer

This is general information only and is not legal advice. I am not a lawyer. For advice specific to your situation, consult a California-licensed attorney.

Helpful hints

  • Verify the surveyor’s license and disciplinary history at the California Board for Professional Engineers, Land Surveyors & Geologists: bpelsg.ca.gov.
  • Ask the surveyor for a sample plat and a plain-language explanation of results before hiring.
  • Get a written estimate that lists what’s excluded (e.g., utility markouts, tree clearing, additional research time).
  • If your sibling is concerned about cost, propose splitting it or using mediation to share expense and reduce conflict.
  • Keep good records: save written agreements about scope, payment, and who will record any documents.
  • If you plan to sell or refinance, contact your title company early — they may require a specific type of survey.
  • If access is denied and you believe you have a legal right, consult a real estate attorney about partition and other remedies. See California’s partition statutes: CCP §872.010 et seq.
  • Consider mediation before filing any lawsuit — it’s faster and less expensive than court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.