Detailed answer — what to do and what to expect

Co‑owning real estate with a sibling can make even simple tasks—like confirming exact boundaries—more complicated. Below is a clear, step‑by‑step approach you can follow in Massachusetts, plus legal options if your co‑owner does not cooperate.

1. Review ownership records first

Start by locating and reading the deed(s) and any prior surveys or plans recorded for the parcel. You can search records through your county Registry of Deeds or the statewide portal. These documents tell you how the property is described (metes and bounds, lot and plan references, or book/page references) and reveal easements, rights of way, and recorded plans that the surveyor will use.

Massachusetts Registry of Deeds information: https://www.mass.gov/orgs/registry-of-deeds

2. Talk with your sibling and try to agree on a survey

If both co‑owners agree, the process is straightforward: jointly hire a licensed land surveyor, agree on the survey type and scope, arrange access, and split the cost or otherwise agree on payment. Put the agreement in writing (email or a short letter) so there is a clear record of consent and who will pay.

3. Choose the right type of survey and a licensed surveyor

Common survey types:

• Boundary survey — establishes property lines and corner locations.
• Mortgage or location survey — often required by lenders; shows improvements relative to setbacks.
• ALTA/NSPS survey — comprehensive survey for commercial transactions or title insurance.

Hire a surveyor licensed in Massachusetts. The Board of Registration of Professional Engineers and Land Surveyors oversees licensing; you can find licensed surveyors through the Board or local professional directories. Ask for references, a sample plan, a timeline, and a written cost estimate.

Massachusetts Board of Registration of Professional Engineers and Land Surveyors: https://www.mass.gov/orgs/board-of-registration-of-professional-engineers-and-land-surveyors

4. Agree on scope, access, and payment

Discuss with your sibling whether the survey will involve traversing both co‑owned portions and any adjacent property for tie points. Confirm whether you will need permission from neighbors for access. Decide how costs will be shared and document the arrangement.

5. Surveyor research, fieldwork, and final plan

The surveyor typically will:

1. Research deeds, plans, and title references at the Registry of Deeds and town assessors.
2. Locate and tie in existing monuments (iron pins, stone bounds, found pins).
3. Perform field measurements, relocate corners, and prepare a stamped, signed plan.

The final plan will be a sealed document you can use for resolving disputes, updating deeds, or for a sale or loan.

6. If your sibling refuses to cooperate

If a co‑owner refuses permission to survey or to share costs, you still have options:

• Try mediation or a neutral third party to reach an agreement on access and payment.
• Offer to pay for the survey yourself and provide your sibling with the new plan; this may encourage cooperation.
• If you cannot reach agreement, you can file a partition action in Massachusetts court to ask the court to either divide the property physically or order a sale and split the proceeds. A partition action also allows the court to order a survey or appoint commissioners to determine boundaries prior to division. Relevant law on partition actions is found in the Massachusetts General Laws, Chapter 241: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter241.

Before filing suit, consider the cost and relationship impact of litigation. Courts may also award costs and expenses to the prevailing party and can order sale rather than physical division if division would be prejudicial.

7. After the survey: next steps

Use the survey to:

• Amend or clarify deeds (for example, by recording a new plan or a deed that references the new plan).
• Resolve fence or encroachment disputes.
• Proceed with a sale, refinance, subdivision, or improvement permitting.

If the survey reveals a dispute that the parties cannot resolve, consider hiring a real estate attorney familiar with Massachusetts property law to advise on options such as quiet title or partition actions.

Statutes and official resources you may need

• Partition law (Mass. Gen. Laws ch. 241): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter241
• Professional registration and regulation (Mass. Gen. Laws ch. 112): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter112
  (contains licensing framework for engineers and surveyors)
• Massachusetts Registry of Deeds (local offices and guidance): https://www.mass.gov/orgs/registry-of-deeds

Helpful hints

• Get written consent from the co‑owner before surveyors enter areas that might be considered private or improved. Written consent reduces disputes later.
• Ask the surveyor for a clear, itemized quote and an estimated timeline. Weather, search complexity, and monument condition affect time and cost.
• Request a stamped and signed plan you can record at the Registry of Deeds. Recorded plans create a public record that helps prevent future disputes.
• Keep an electronic and paper copy of all communications and documents (deeds, plans, emails) in a single folder for easy access.
• If you foresee a sale, a lender, or title insurer, ask whether an ALTA/NSPS survey is required — it is more detailed and more expensive than a simple boundary survey.
• Consider mediation early if communication with your sibling is strained. Mediation is often faster and cheaper than litigation.
• Before spending significant money, get a short consultation with a Massachusetts real estate attorney if there is any uncertainty about rights, easements, or potential litigation. An attorney can explain likely outcomes of a partition action and the costs involved.

Disclaimer: This article explains general information about Massachusetts property procedures and options. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Massachusetts attorney.