Kentucky: Who Pays for a Property Survey When Co-Owners Disagree?

Detailed Answer

When multiple people co-own real property, disputes often arise about boundaries, access, or how to divide land. One common early step is getting a professional land survey. Who pays for that survey depends on several factors:

• Agreement between co-owners: If the co-owners agree in writing (or orally) who will pay, that agreement controls. Many co-owners split the cost equally or allocate it in proportion to ownership interests.
• Who asked for the survey: The person who requests a survey for personal reasons (for example, to build or to refinance their share) will usually pay up front. If the other co-owners later benefit or the matter proceeds to court, that person may seek reimbursement or a court-ordered allocation.
• Lender or third-party requirement: If a mortgage lender, title company, or local government requires a survey for a transaction (sale, refinance, subdivision, permitting), the party pursuing that transaction (usually the borrower or seller) normally pays.
• Boundary or title dispute: If the survey is needed to resolve a dispute about lines, easements, or title, co-owners should try to agree on sharing costs. If they cannot agree, either co-owner can file a court action (for example, a partition or quiet-title action). In Kentucky, courts handle partition actions under the states partition statutes (see KRS Chapter 381). When a court supervises a partition or boundary determination, it can order surveys be prepared and may allocate the cost among the parties as part of its decree. See Kentuckys partition statutes for the governing procedures and remedies: https://apps.legislature.ky.gov/statutes/chapter.aspx?id=381
• Cost shifting and recovery: Kentucky courts have discretion in awarding costs in litigation, and a party who prevails on the key issues sometimes may recover certain costs from the losing party. That can include costs reasonably necessary to pursue or defend the action, such as a required survey, but courts do not automatically reimburse every expense. Whether a court will award a survey cost depends on the specific facts, the relief granted, and the judges discretion.

Example hypothetical: Two siblings own a parcel as tenants in common. One sibling wants to build a shed and asks for a property survey. The other sibling refuses to share the cost. The sibling who wants the shed can either pay for the survey and proceed, ask the court for a partition or boundary determination (requesting the court to order a survey and allocate costs), or try mediation. If the court orders a partition and finds the survey was necessary, the judge may require the other sibling to pay part of the expense or otherwise adjust the division or sale proceeds to reflect the cost.

Key practical points under Kentucky practice:

1. Try to resolve payment by written agreement before hiring a surveyor. A short written agreement that splits costs or makes one party responsible will avoid later disputes.
2. If you must go to court, raise the survey expense in your pleadings and ask the court to allocate costs. Courts supervise partition actions under KRS Chapter 381: https://apps.legislature.ky.gov/statutes/chapter.aspx?id=381
3. Keep receipts and written quotes. If a judge later awards costs, proof of the survey price and necessity helps the claim for reimbursement.
4. Recognize that lenders and title companies generally insist on current surveys; the party doing the loan or sale typically pays that cost.

When to consult an attorney

If co-owners cannot agree, or if the survey relates to a dispute that could affect title, boundaries, or substantive property rights, consult a Kentucky real property attorney. An attorney can advise whether to seek mediation, ask the court for a partition, or pursue other remedies and can help frame a request for costs in court pleadings.

Disclaimer: This article provides general information only and does not create an attorney-client relationship. It is not legal advice. For advice about your specific situation, contact a licensed attorney in Kentucky.

Helpful Hints

• Get at least two written quotes from licensed surveyors so you can compare cost and scope.
• Ask a surveyor for a written explanation of what the survey will show (boundary, topographic, ALTA/NSPS) and whether it will include an opinion of title lines or just monument locations.
• Record any signed agreement about payment in writing. Include who pays, whether payment is refundable, and how any reimbursements will be handled if the matter goes to court.
• If a lender or title insurer requires the survey, confirm with them whether the cost is repayable or considered part of closing costs.
• Consider mediation or a neutral third-party surveyor to avoid expensive litigation.
• When filing for partition or boundary relief, ask your attorney to include a request that the court direct or approve a survey and allocate costs among the parties.
• Keep all invoices, contracts, and communications about the survey; these documents are evidence if you later seek cost recovery in court.
• Remember that the fastest, cheapest route is often negotiation: splitting the cost or assigning payment responsibility in exchange for some concession can avoid court and additional fees.