Detailed Answer
Short answer: Unless co-owners have an agreement that says otherwise, each co-owner is generally responsible for a fair share of costs for a property survey. If owners cannot agree, the owner who wants the survey usually pays up front. If the dispute leads to a court action (for example, a partition or boundary dispute in Maryland Circuit Court), the court can order a survey and allocate the cost among the parties.
This page explains how payment typically works, what happens when co-owners disagree, and practical steps to resolve the situation in Maryland. This is informational only and not legal advice.
Who normally pays for a survey?
When co-owners agree, payment is a matter of contract: partners can split costs 50/50, divide costs according to ownership percentages, or follow any other written arrangement. In the absence of an agreement, common practice is for the party who requests the survey to pay up front and then seek contribution from the other co-owners. If the requesting owner pays all or most of the cost, they can try to obtain a written agreement from the others to reimburse them.
What changes when co-owners disagree?
- Upfront payment by requesting owner: If one co-owner wants a survey and the others refuse, the requesting owner will usually hire and pay the surveyor initially. That owner can later ask the co-owners to share the cost or pursue contribution through a lawsuit.
- Negotiation and written agreement: Try to reach a written agreement allocating cost before the survey. A simple signed document that describes who pays what percent avoids future disputes.
- Court-ordered survey in litigation: If the disagreement escalates into a legal dispute (for example, a partition action or a boundary dispute), the Maryland Circuit Court can order a land survey or appoint a commissioner to run the property lines. The court also has the power to allocate costs between the parties as part of its judgment. In other words, the court can require opposing co-owners to share in the expense or, in some cases, order the losing party to pay costs.
Which Maryland court handles these disputes?
Real property disputes between co-owners—like partition actions or boundary disputes—are typically filed in the Maryland Circuit Court in the county where the property is located. The court can order surveys, appoint referees or commissioners to examine the property, and decide how to divide or sell the land and who pays which costs.
When might a court order one party to pay all or most of the survey costs?
A court may allocate costs unequally based on factors such as which party’s actions caused the dispute, whether a party acted unreasonably, or which party benefits from the survey. Courts have broad equitable authority in partition and boundary disputes, and they can make cost orders that reflect fairness in the circumstances.
Practical guidance for co-owners in Maryland
- Check deeds and agreements: Review the deed, operating agreement, or any co-ownership agreement to see if there is a stated cost allocation rule for surveys or boundary work.
- Get a written estimate: Get one or more written estimates from licensed surveyors so everyone knows the expected cost before any work begins.
- Propose a cost-sharing plan: Offer to split the cost proportionally to ownership interest or equally. Put any agreement in writing and have all co-owners sign.
- Consider mediation: If communication breaks down, try mediation before suing. A neutral mediator can often secure an agreement at lower cost than a court action.
- Preserve your position: If you pay for the survey, keep receipts and a copy of the survey. If you later seek contribution, these documents support your claim.
- When to involve a lawyer: If co-owners cannot agree, if the cost is large, or if there are complex title or boundary issues, consult a Maryland attorney experienced in real property litigation. An attorney can advise whether to file a partition or quiet-title action and explain how courts typically allocate costs.
Types of surveys and typical costs
Survey costs vary by type and complexity:
- Simple property corners and boundary markers: typically lower cost.
- Full boundary survey with title research and monumentation: higher cost.
- Topographic or subdivision surveys: more expensive because of detail.
Costs depend on property size, terrain, access, title complexity, and the surveyor’s rates. Obtain multiple written quotes.
If the dispute goes to court
If you file a partition or boundary action in Maryland, expect the court to consider evidence such as deeds, prior surveys, maps, testimony, and a new professional survey. The court can appoint a professional to create an accurate map or survey and then issue an order dividing the property or resolving the boundary. The court’s order can also address how the survey cost and other litigation expenses will be paid.
Where to learn more and next steps
For general information about filing a property dispute in Maryland, start at the Maryland Judiciary website: https://www.mdcourts.gov/. If you are uncertain about your rights or likely outcomes, consult a Maryland real property attorney for tailored advice.
Disclaimer
This information is for educational purposes only and is not legal advice. It does not create an attorney-client relationship. For legal advice tailored to your situation, contact a licensed Maryland attorney.
Helpful Hints
- Always get a written estimate from at least two licensed surveyors before hiring anyone.
- Put any agreement about cost-sharing in writing and signed by all co-owners.
- Try mediation first — courts can be expensive and slow.
- If you pay for the survey, keep detailed receipts and a copy of the final survey for any later claims for contribution or reimbursement.
- Check recorded deeds for prior surveys or boundary descriptions that could reduce the need for a new, full survey.
- If a dispute appears likely to lead to litigation, consult a Maryland real property attorney early — an attorney can explain whether a partition, quiet-title, or boundary action makes sense and how courts typically handle cost allocation.