Detailed Answer
When co-owners of real property disagree about getting a property (boundary) survey in Indiana, responsibility for payment depends on the context: whether the survey is voluntary, whether a court gets involved, and whether title or deed language shifts costs. Below are clear rules and practical options that apply under Indiana law and common practice.
Who usually pays?
– Voluntary survey sought by one co-owner: If one co-owner hires a surveyor on their own initiative, that co-owner usually pays up front. They can try to recover the cost later through negotiation or court if the survey proves necessary and a court allocates costs.
– Jointly requested survey: If co-owners agree to the survey, they normally split the cost according to their ownership percentages or another agreed share.
– Court-ordered survey in a partition or boundary dispute: If the disagreement leads to a partition action or other litigation, an Indiana court can order a survey and allocate costs between the parties. Courts commonly assess costs based on fairness, ownership interests, and which party created the dispute. The court may treat the survey as a necessary expense for resolving title or dividing property and allocate accordingly.
How a partition action affects cost allocation
When disagreement cannot be resolved, a co-owner can file a partition action asking the court to divide or sell the property. Indiana property law resides in the Indiana Code (Title 32 covers Property). A court handling partition or boundary disputes has broad equitable authority to require surveys, to appoint experts, and to apportion costs among parties as justice requires. For primary statutory materials see the Indiana General Assembly’s property code: https://iga.in.gov/ and the Title 32 pages for property law: https://iga.in.gov/legislative/laws/2024/ic/titles/032.
When can a co-owner recover survey costs?
- If a co-owner pays for a survey that the court later finds was reasonably necessary to resolve title or boundary issues, the court can order reimbursement or charge the cost against the property estate.
- If a co-owner orders an unnecessary, excessive, or harassing survey, a court is less likely to require others to reimburse those costs.
- Documentation matters: estimates, written requests to the other co-owner(s), and evidence that the survey was necessary strengthen a claim for cost allocation or reimbursement.
Practical examples (hypothetical)
Example 1: Two siblings co-own a lot 50/50. One wants a survey before building a fence. The sibling who asks for the survey pays initially. If the other sibling later refuses to cooperate and the first files a partition or boundary action, the court may order the cost shared or reimbursed depending on who was reasonable.
Example 2: Three heirs own land as tenants in common. One heir hires a survey to prepare the property for sale and pays. During a partition action, the court orders the sale and apportions survey costs among all heirs before distributing proceeds.
Helpful Hints
- Talk first: Ask for a written cost estimate and share it with co-owners. A short negotiation or offer to split the least-costly parts often prevents litigation.
- Check existing records: Review prior surveys, deeds, and title insurance. A recent survey or title history may remove the need for a new survey.
- Get a written agreement: If co-owners agree to split costs, sign a short written agreement saying how costs will be divided and paid.
- Use a licensed Indiana surveyor: Hire a surveyor licensed in Indiana. You can verify licensing through the Indiana Professional Licensing Agency (PLA): https://www.in.gov/pla/.
- Document your attempts to cooperate: Keep copies of emails, letters, and estimates showing you asked the other co-owner(s) to participate. This documentation helps in court.
- Consider mediation: A mediator can help resolve disputes over surveys and cost allocation faster and cheaper than litigation.
- When to file for partition: File only after reasonable efforts to resolve the issue fail. Partition can be expensive and the court can order a sale or division that one owner may not like.
- Title insurance: If a survey is necessary to fix a title problem covered by title insurance, the title company may cover or contribute to costs under your policy—check the policy terms.
Next Steps
If you face a dispute about commissioning and paying for a survey, start by requesting a written estimate and proposing a cost-sharing plan. If the other co-owner refuses to cooperate, consider mediation. If mediation fails, consult an Indiana real property attorney to discuss whether a partition action or court request for cost allocation is appropriate.
Disclaimer: This article explains general principles and common practices under Indiana law. It does not constitute legal advice. For advice about a specific situation, consult a licensed Indiana attorney.