Who pays for a property survey when co-owners disagree? Practical guidance under Idaho law

Short answer: If co-owners cannot agree, the person who asks for the survey typically pays up front. If the dispute leads to a court action (for example, a partition or quiet-title action), an Idaho court can order how survey costs are allocated between the co-owners. Which party ultimately bears the cost depends on who requested the survey, the reason for the survey, the terms of any agreement between the owners, and any court order resolving the dispute.

Detailed answer

This answer explains how surveys and survey costs are usually handled for co-owned property in Idaho, what options co-owners have if they disagree, and how courts may resolve disputes.

1. Types of surveys and why they matter

Surveys are performed for different purposes. Common types include boundary surveys (to establish property lines), mortgage/refinance surveys (lender requirement), location surveys (showing improvements), and surveys prepared for subdivision or sale. The type of survey affects who typically pays.

2. Who normally pays outside court

If one co-owner asks for a survey for their own use (for example, to sell or refinance their interest), that co-owner usually pays the surveyor.
If both co-owners agree the land should be surveyed, they can split the cost as they agree.
If a buyer or lender requires a survey for a sale or loan, the purchase contract or loan documents usually allocate payment responsibility. In those cases the party identified in the contract or loan conditions pays.

3. When co-owners disagree

If one co-owner wants a survey and another refuses to pay, options include:

Have the requesting co-owner hire and pay the surveyor and later seek contribution from the other co-owner by agreement or court action.
Propose cost sharing in writing and offer a neutral mediator or jointly select a surveyor; a refused offer can be evidence in court that the refusing co-owner acted unreasonably.
File a lawsuit (commonly a partition action or quiet-title action) asking the court to resolve ownership, boundary lines, or request partition of the property. Courts can order a survey and apportion costs as part of their judgment.

4. What happens in an Idaho partition or boundary dispute

When co-owners cannot resolve a dispute, Idaho law allows a co-owner to file an action to partition real property or to quiet title. In that litigation, a court frequently orders a professional survey to define the parcel(s) at issue and may instruct how costs are allocated. The court has discretion to award costs, including survey and surveyor fees, to the prevailing party or to apportion costs between the parties based on equitable factors.

For a starting point on statutory rules and civil procedure in Idaho, see the Idaho statutes and Idaho court resources: Idaho Statutes and the Idaho Courts website (isc.idaho.gov).

5. Practical outcomes you can expect

If you pay for a survey to protect your interest and the other co-owner later benefits, you may be able to recover some or all of the cost through negotiation or a court action.
If a court finds one co-owner acted unreasonably or caused unnecessary litigation, the court may shift costs (including survey costs) to that party.
If the dispute ends in sale or division of the land, the final accounting (or sale proceeds) often reflects who paid for what, and a court can order equitable division to account for differential expenditures.

Steps to take if you are a co-owner facing disagreement over a survey

Review any written co-ownership agreement, deed language, or prior resolutions that address surveys, improvements, or expenses.
Get an estimate from a licensed surveyor for the specific survey you need and share the estimate with the co-owner in writing.
Propose a cost-splitting plan (50/50 or another fair split) and offer neutral selection of the surveyor or mediation to resolve differences.
If the other co-owner refuses, document your offers and consider paying the surveyor to protect your interest. Keep receipts and communications to support any later claim for contribution or reimbursement.
If negotiation fails, consult an attorney about filing a partition or quiet-title action so a court can order a survey and determine how costs should be allocated. An attorney can advise whether seeking attorneys’ fees or survey costs as part of the judgment is appropriate.

When to talk to an attorney

Talk to an attorney if:

Co-owners refuse reasonable offers to split costs.
There is a boundary dispute that affects use or value of the property.
You risk losing financing, sale, or other important transactions without a survey.

An attorney can explain the likely results in litigation, help prepare a partition or quiet-title filing, and request that the court order a survey and allocate costs.

Helpful Hints

Get written estimates: Always get a written survey estimate and scope so there is no disagreement about what was ordered and why.
Document offers: If you offer to split costs and the co-owner refuses, keep that refusal in writing — it helps if you later ask a court for cost sharing.
Pick experienced professionals: Use a licensed land surveyor familiar with Idaho boundary law and local surveying practices.
Consider mediation: Courts often favor parties who tried mediation first; mediation can be faster and cheaper than litigation.
Protect time-sensitive needs: If a lender or buyer needs a survey to close a deal, you may need to pay initially to avoid losing the transaction — you can pursue reimbursement later.
Ask about evidence: Photographs, prior surveys, old deeds, and fence locations can all affect the likely outcome of a boundary dispute.

Where to look for Idaho rules and help

Idaho Statutes (general access to state law): https://legislature.idaho.gov/statutesrules/idstat/
Idaho Supreme Court and court forms: https://isc.idaho.gov/
County recorder or assessor: Check recorded plats, earlier surveys, and plats in the county where the property is located; these can help a surveyor and may be available through your county’s official site.

Disclaimer: This article explains general principles under Idaho law and is for information only. It is not legal advice, and it does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Idaho attorney.