Who Pays for a Property Survey When Co-Owners Disagree — Iowa

Detailed Answer

This answer explains how payment for a property survey is typically handled when joint owners in Iowa cannot agree. It summarizes common practical steps, legal options, and what Iowa courts can do if the co-owners cannot work things out.

Short answer: If co-owners can agree, they decide how to split the cost. If they cannot, one owner may hire a surveyor and seek contribution from the other owner(s), or one owner can ask a court to resolve the dispute (for example, in a partition or boundary action). In a court action, the judge can order a survey and allocate the cost among the parties in a way the court considers fair.

1. Start with agreement — the simplest path

The quickest, lowest-cost option is for co-owners to reach a written agreement about the survey: who hires the surveyor, the scope of work, the timeline, and how costs will be split. Put the agreement in writing and keep copies of the survey, invoice, and payment receipts.

2. If one owner hires a surveyor without agreement

An individual co-owner can commission a survey on their own, but they run the risk that the other co-owner will refuse to pay. If the survey benefits the property as a whole (for example, it resolves lines that affect each co-owner’s interest), the paying owner may have options to recover some or all of the cost, including negotiation, small-claims court, or including the claim in a larger partition or boundary dispute in district court.

3. Court action — partition or boundary suit

When co-owners cannot agree, Iowa law provides a remedy through a partition action. In a partition action, a court can divide the land physically among owners or order a sale and distribute proceeds. As part of that process a court can order a survey to define boundaries or to prepare a division plan and can decide how court costs and expenses (including the cost of a survey) should be apportioned among the parties.

See Iowa’s partition statutes for the procedures courts use in division and sale cases: Iowa Code Chapter 651 (Partition).

4. How courts typically allocate survey costs

Courts generally allocate costs based on fairness and benefit. If the survey is necessary to determine or protect the parties’ property rights, the court may require all co-owners to share the cost. If one party’s conduct caused the dispute or a party sought the survey for a reason that did not benefit others, the court could require that party to bear more (or all) of the cost. Judges have discretion to apportion costs in partition and related proceedings.

5. Other legal considerations

• If the dispute concerns a claimed boundary line, the survey result can affect possession, fencing obligations, and future claims such as trespass or adverse possession.
• Recording an accurate survey or a property corner agreement can prevent future disputes. If you record a survey, make sure everyone affected understands and consents before relying on it.
• If the co-owners are family members or parties to a trust or estate, other rules or fiduciary duties may affect how costs are allocated.

Practical example (hypothetical)

Two siblings own farmland as tenants in common. One hires a surveyor to establish the true boundary before building a fence. The paying sibling provides the survey to the other sibling and asks for half the cost. The other sibling refuses. The paying sibling can either (a) attempt mediation or small-claims collection, or (b) file a partition or boundary action in district court asking the judge to order a survey (or accept the survey) and allocate costs. In that case the court could order that the siblings split the survey cost, or could require the refusing sibling to pay more if the court finds that the survey was necessary and benefitted both.

Where to look in Iowa law

The main statutory avenue for resolving multi-owner property disputes in Iowa is the partition statute. For more about how courts handle division and sale of jointly owned land, see:

Iowa Code Chapter 651 — Partition

This is a general explanation only. It is not legal advice.

Helpful Hints

• Try to reach a written agreement before hiring anyone. A simple cost-share agreement avoids most disputes.
• Get at least two written estimates from licensed surveyors. Compare scope, deliverables (map, legal description), and cost.
• Confirm the surveyor will provide a signed, stamped survey suitable for recording if you plan to record it.
• If you hire a surveyor alone, keep careful records (contract, invoice, payment) to support any later claim for contribution.
• Consider mediation or neutral appraisal before filing court papers — it often saves time and money.
• If you file a partition or boundary action, the court may order a survey and apportion costs; ask your attorney how the court typically allocates expenses in your county.
• Preserve deeds, prior surveys, plats, and any written communications with the co-owner. These documents are critical evidence if the dispute goes to court.
• Talk to a real property attorney if the potential cost or consequences of the survey are large. An attorney can explain options for cost recovery and likely court outcomes under Iowa law.

Disclaimer: This article provides general information about Iowa law and common practices. It does not constitute legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Iowa attorney.