Arranging a Property Survey for Co-Owned Land in Florida | Florida Partition Actions

Detailed Answer

Short overview: If you co-own real property in Florida with a sibling and need an accurate, legal survey, you can order one from a licensed surveyor. Start by locating the deed and legal description, contact a Florida-licensed professional surveyor and mapper, decide the survey type (boundary, ALTA/NSPS, topographic), and agree with your co-owner on access and payment. If your sibling refuses to cooperate, Florida law provides remedies including mediation and, as a last resort, a court partition action. This page explains the practical steps, legal touchpoints, and next actions.

1. Who can prepare a valid survey in Florida?

Only a professional licensed under Florida law can prepare, sign, and seal surveys that will be accepted for legal or title purposes. See Florida Statutes, Chapter 472 (Surveyors and Mappers) for licensing requirements and standards: Fla. Stat. ch. 472.

2. Practical steps to arrange a survey

Locate documents: Find the deed, prior surveys (if any), and the legal description for the parcel in the county public records (recorded deeds). You can access recorded instruments through your county clerk or recorder; Florida recording rules are in Fla. Stat. ch. 695.
Decide the survey scope: Talk with potential surveyors about what you need.
- Boundary survey — pinpoints lot lines and monuments, identifies encroachments.
- ALTA/NSPS survey — commonly required for refinancing or sale; follows national standards and often includes title information.
- Topographic or improvement survey — maps elevations, structures, utilities.
Get multiple quotes: Contact several Florida-licensed surveyors or firms and ask for an itemized estimate, timeline, and examples of prior work in your county.
Arrange access and permissions: If the property is unimproved or fenced, the surveyor will need access to the land. If both co-owners own the property, either co-owner can typically provide permission for access; however, cooperating avoids disputes. If a co-owner objects to access, document your attempts to cooperate and consider mediation or legal advice.
Order and payment: Any co-owner may order and pay for a survey for their own purposes. If you want a survey for title transfer, sale, or financing, coordinate with the title company and your lender (if applicable) about ALTA/NSPS requirements.
Receive, review, and record the survey: When complete, review the signed and sealed survey carefully. You may record a copy in the county public records (recording requirements noted above) if desired for notice to third parties.

3. What if your sibling objects or refuses to cooperate?

Start with communication and try to reach agreement in writing about ordering the survey, cost sharing, and access. If peaceful negotiation fails, consider:

Mediation or neutral dispute resolution to avoid litigation.
Seeking legal advice about rights and remedies.
If unresolved, filing a partition action in circuit court under Florida’s partition statutes. Partition can force a division of the property or a sale and distribution of proceeds. See Florida Statutes, Chapter 64 (Partition): Fla. Stat. ch. 64. Partition is usually a last resort because it can be costly and time-consuming.

4. Common issues a survey may reveal

Boundary disputes or ambiguous legal descriptions.
Encroachments (fences, drives, buildings crossing a lot line).
Easements or rights-of-way that affect use of the property.
Monuments or markers missing or disturbed.

5. When to involve a title company or attorney

If you’re preparing to sell, refinance, or subdivide, order the survey early and coordinate with the title company and your lender. If the survey raises legal questions (e.g., contested boundary, alleged adverse possession, or encroachment claims), consult an attorney who handles real property disputes. If the co-owner refuses to cooperate, an attorney can explain options including a partition lawsuit.

Key Florida statutes and resources

Licensing, duties, and standards for surveyors and mappers: Fla. Stat. ch. 472.
Partition of real property (court-ordered division or sale): Fla. Stat. ch. 64.
Recording instruments and public records: Fla. Stat. ch. 695.

Disclaimer: This information is educational only and does not constitute legal advice. For advice about your specific situation, consult a licensed Florida attorney and a Florida-licensed surveyor.

Helpful Hints

Ask the surveyor if they are licensed in Florida and request their license number before hiring.
Request an itemized written estimate that lists the type of survey, scope, assumptions, and turnaround time.
If refinancing or selling, confirm whether your lender or title insurer requires an ALTA/NSPS survey.
Document all communications with your co-owner about access, payment, and the survey scope.
Keep copies of the deed, prior surveys, tax parcel ID, and any title commitment to share with the surveyor.
Consider splitting the cost equitably with your sibling, and get any agreement in writing.
If your co-owner won’t cooperate, try mediation before filing court actions; partition actions are expensive and take time.
Record a completed survey only after confirming with the county recorder’s office if that is your goal — some title matters require the survey to be provided to the title company instead of recording the survey itself.