Detailed answer — who usually pays and what happens when owners disagree

When two or more people own the same piece of property in Louisiana (ownership in indivision), routine costs for maintaining or protecting the property are normally shared by the co-owners. A boundary or property survey is not merely a routine maintenance cost in many cases: it affects title, property lines, use, and the ability to divide or sell. Who pays depends on the reason for the survey and whether the co-owners can reach agreement.

Common rules that apply in Louisiana

• If all co-owners agree to obtain a survey, they can contract how to split the cost (for example, equally or pro rata by ownership shares). Absent an agreement, splitting costs in proportion to ownership shares is typical.
• If one co-owner requests a survey to protect or preserve the property (for example, to determine encroachments or to show lines that affect the whole group), a court will often order a survey and may allocate costs in a way the court considers fair.
• If the survey is part of a partition action (one co-owner asks the court to divide or sell the property), the court can order a survey and generally allocate the expense among the parties as part of the partition proceeding.

How disputes are resolved in practice

1) Negotiation first. Try to agree in writing about whether to get a survey and how to split the cost. Agreements avoid litigation and usually save money.

2) Offer to pay now and seek contribution later. A co-owner who urgently needs a survey can pay and then ask the other co-owners to reimburse their shares. If the others refuse, the paying co-owner may sue for contribution.

3) Partition lawsuit. If co-owners cannot agree on management steps that affect title or division, any co-owner can file a partition action in civil district court. In a partition, the court can order a survey, order sale or division of the property, and allocate costs (including survey fees) among the parties. Partition procedure and remedies are governed by Louisiana law on co-ownership and partition; a court’s allocation will depend on the facts (who benefited, who caused the dispute, ownership shares, and equitable considerations).

Examples (hypothetical facts)

Example A — Equal owners, joint decision: Two siblings each own 50%. They agree to a survey to show the fence line and split the $1,000 bill $500/$500.

Example B — One owner needs survey for sale: One co-owner wants to sell his share and needs an up-to-date survey to market or convey his interest. If the other co-owners refuse to pay, the selling co-owner can pay and later seek contribution, or ask the court in a partition action to require a survey and allocate costs.

Example C — Boundary dispute: Co-owner A claims B built an encroaching structure. A requests a survey to prove the encroachment. A court confronted with that dispute can order a survey and may require the party at fault to bear more of the expense.

Practical legal framework in Louisiana

Louisiana’s Civil Code recognizes ownership by more than one person and allows partition remedies when co-owners cannot agree. Partition proceedings permit a court to order surveys and divide costs as part of resolving ownership and title. For general reference to Louisiana statutory resources, see the Louisiana Legislature’s website: https://legis.la.gov/. For specific rules about co-ownership and partition, search the Louisiana Civil Code and Code of Civil Procedure sections that address co-ownership and partition on the legislature site (search terms: “co-ownership,” “partition”).

Key takeaways

• If owners agree, split the cost as you agree (written agreement is best).
• If one owner wants a survey and others refuse, the requesting owner may pay and seek reimbursement or ask a court to order and allocate the cost in a partition or related proceeding.
• Court-ordered surveys in partition or boundary disputes can be allocated among parties based on fairness and who benefited or caused the need.

Helpful Hints

• Get any agreement about paying for a survey in writing and record who will own and keep the survey report.
• If the survey is for a sale or loan, ask the prospective buyer or lender whether they require a specific type of survey (ALTA/NSPS, boundary, mortgage inspection) and who will pay.
• Consider a neutral meeting with a mediator to resolve a cost dispute before filing a partition action; mediation is faster and cheaper than litigation.
• Keep records: copies of earlier surveys, deeds, and any correspondence about the survey request help the court decide who should pay if there is a dispute.
• If you must go to court, be prepared to explain why the survey was necessary and who benefitted from it; courts may allocate costs accordingly.
• Use a licensed Louisiana surveyor who understands local boundary practices and recording requirements.