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

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Kansas attorney.

When two or more people co-own real property in Kansas and they disagree about whether to order a survey or who should pay for it, the answer depends on the purpose of the survey, the nature of the disagreement, and whether the parties are willing to negotiate. Below is a practical, step-by-step explanation of the common legal routes and likely outcomes under Kansas law.

1. Voluntary agreement between co-owners

If co-owners can agree, the simplest solution is to hire a licensed surveyor and split the cost in a way you all accept. Co-owners commonly split survey costs equally, by ownership percentage, or by another agreed formula. If you reach an agreement, put it in writing (email or a short contract) that states who pays, who hires the surveyor, what type of survey (boundary, ALTA/NSPS, mortgage) will be performed, and how the parties will share any follow-up costs.

2. One owner pays upfront and seeks contribution later

If one co-owner hires and pays a surveyor while others refuse, that owner may be able to seek contribution later. Under general equitable principles, co-owners often must share necessary expenses tied to preserving or establishing property rights. If the survey was necessary to protect a co-owner’s interest (for sale, dividing property, correcting a boundary), a court might order the other co-owners to reimburse a fair share.

3. Court-ordered survey in a partition or boundary action

If co-owners cannot agree, the most definitive legal route is to ask the court to intervene. Kansas law provides procedures for partition and other property actions (court procedure and property rules are addressed in the Kansas statutes and court rules). In a partition or boundary dispute, a Kansas court can order a professional survey, appoint a surveyor or referee, and allocate costs among the parties. The court will consider equities, the reasons each party requested the survey, and who will benefit.

For statutory text and procedures related to civil actions (including partition and property remedies), consult the Kansas statutes: Kansas Statutes, Chapter 60 (Civil Procedure). For statutes addressing real property generally, see: Kansas Statutes, Chapter 58 (Property).

4. Boundary disputes and quiet-title actions

If the dispute concerns the legal boundary, you can ask a Kansas court to resolve title or boundary lines (quiet-title/boundary actions). The court can order a survey and determine whether a boundary line, fence line, or adverse possession claim applies. Courts may also assign costs to the party who caused the dispute or who is found unjustified in opposing a reasonable survey request.

5. Practical consequences and typical outcomes

• If the survey protects or clarifies title for a sale or mortgage, lenders or buyers may require the survey; the party benefiting from the sale often pays initially.
• If owners are dividing the property (a partition), courts commonly order an official survey and apportion survey costs among the owners based on ownership shares or equitable considerations.
• If one co-owner acts unreasonably by blocking access or refusing a reasonable survey, the court may order that owner to bear a higher portion of the costs.

6. Who hires the surveyor and which survey is needed?

Use a licensed Kansas surveyor. Verify the license with the Kansas Board of Technical Professions: https://ksbtp.ks.gov/. Common survey types: boundary surveys (determine lines), ALTA/NSPS surveys (for lenders and title matters), and topographic surveys (for development). The type of survey affects cost and legal weight.

7. Cost allocation examples

• Two equal co-owners who both want a survey: each pays 50%.
• One owner wants to sell; buyer requires a survey: selling owner typically pays.
• Partition action: court may direct each owner to pay in proportion to ownership or shift costs based on conduct.

8. Steps to take right now

1. Try to reach a written agreement about the survey and cost split.
2. If you cannot agree, consider mediation or alternative dispute resolution before filing suit.
3. If the disagreement is likely to persist, consult a Kansas real estate attorney about filing for partition, quiet title, or a boundary determination.
4. When you hire a surveyor, get written estimates that describe the scope, timeline, and deliverables.

For general rules about hiring surveyors and surveying standards in Kansas, check the Board of Technical Professions resources at https://ksbtp.ks.gov/.

Helpful Hints

• Document all communications. If a dispute later goes to court, emails and written proposals help show who asked for or refused a survey.
• Obtain multiple estimates. Survey prices vary by type, property complexity, and the surveyor’s experience.
• Ask for a written scope: boundary markers, monumentation, map type, and whether a legal description will be updated.
• Consider a limited, inexpensive survey as a first step (for example, a boundary survey limited to disputed corners) before committing to a full ALTA survey.
• Explore mediation. Courts often look favorably on parties who tried to resolve disputes without litigation, and mediation can split survey costs as part of a settlement.
• If you plan to seek contribution later, keep receipts and invoices. Courts award reimbursements more easily when an owner can show reasonable necessity and documented cost.
• If a lender requires a survey for financing, lenders often designate the survey type; know whether you need an ALTA/NSPS survey (more expensive) or a basic boundary survey.

If you want to pursue a court solution, contact a Kansas real estate attorney to discuss options such as partition, quiet-title, or boundary actions and to get an assessment of likely cost allocation in court.