Property Survey Costs for Co-Owners in Colorado: Who Pays?

Detailed answer — how this works under Colorado law

When multiple people own the same parcel (tenants in common or joint tenants), Colorado law treats co-ownership as sharing rights in the whole property, not specific physical portions. Because surveys are a tool to identify boundaries and interests, responsibility for payment depends on several factors:

1. Agreement between co-owners.

   If co-owners sign a written agreement allocating the cost of a survey, that agreement controls. Put agreements in writing whenever possible to avoid disputes later.

2. Who requested the survey and why.

   If one co-owner hires a surveyor to refinance, sell, or improve the property for their own benefit, courts commonly treat that co-owner as responsible for the expense unless the other owners agreed otherwise. If the survey benefits all co-owners (for example, to resolve a shared boundary dispute or to partition the property), the cost is more likely to be split equitably.

3. When there is a disagreement and litigation follows.

   If co-owners cannot agree, one owner can file a partition action under Colorado law to force either a physical division (partition in kind) or sale of the property and division of the proceeds. The basic partition statute is C.R.S. §38-38-101, which authorizes courts to compel partition and to direct the manner of sale or division. In a partition case, the court has discretion to allocate litigation costs, expert fees, and survey costs among the parties as equity and justice require. In other words, the court can order that one co-owner pay the cost, that the cost be shared, or that the expense be charged against one party’s share of the property value.

   Link to the statute: C.R.S. §38-38-101 (Partition of real property).

4. Boundary disputes and quiet-title actions.

   If the disagreement concerns where the legal boundary lies, a quiet-title or boundary action can settle ownership lines. Courts deciding these disputes can order the prevailing party to recover costs or can allocate expenses between the parties based on who was responsible for creating the dispute or who sought the relief.

5. Practical lender or buyer requirements.

   When selling or refinancing, lenders and title companies often require up-to-date surveys. If one co-owner needs the survey to close a sale or refinance, that owner or the buyer usually pays, unless the co-owners contract otherwise.

Overall, the practical approach in Colorado is to try to reach a written agreement. If negotiation fails, file a judicial action (partition, quiet title, or boundary determination) and ask the court to allocate costs, including surveyor fees. Courts base allocation on fairness, the purposes of the survey, and the litigation outcome.

What to do step-by-step

1. Request written cost estimates from one or more licensed Colorado professional land surveyors (PLS).
2. Try to negotiate a written cost-sharing agreement with the other co-owner(s). Include payment timing and what happens if someone refuses to pay.
3. If the survey is needed for sale or lending, confirm whether the title company or lender will accept a specific type of survey report and who will pay.
4. If co-owners can’t agree, consider mediation to avoid court fees and delay.
5. If mediation fails, consult an attorney about filing a partition, quiet-title, or boundary action. The court can order surveys and allocate costs under the partition statute (C.R.S. §38-38-101).

Common outcomes in Colorado cases

• A party who wants a survey only for their individual transaction (sale/refinance) often pays up front.
• If the survey resolves a dispute or is necessary for partition, courts may split the cost or charge it to a party’s share.
• Courts may award costs to the prevailing party or apportion expenses to reflect who caused the dispute.

Helpful hints

• Get at least two written survey bids and compare the scope of work and deliverables (boundary survey, improvement location certificate, ALTA/NSPS survey, etc.).
• Use a licensed Colorado professional land surveyor (PLS); license info and complaints are handled by Colorado’s Division of Professions and Occupations.
• Document any verbal agreements in writing and consider escrowing the survey fee with a neutral third party if trust is low.
• Ask the title company if their requirements make a particular survey necessary for closing; sometimes a limited survey will suffice instead of a full ALTA survey.
• Consider mediation before filing suit. Mediation can produce a faster, cheaper resolution with an enforceable agreement about costs.
• If you sue, preserve records: deeds, prior surveys, tax maps, photographs of fences or improvements, and written communications about payments and requests.