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

Detailed Answer

This answer explains who typically pays for a property survey when co-owners disagree, and what you can do under Massachusetts law. This is a general explanation and not legal advice.

Basic rule: whoever hires the surveyor usually pays up front

If one co-owner orders a survey without the others’ agreement, that co-owner almost always must pay the surveyor initially. Payment is a contractual matter between the person who hires the surveyor and the surveyor. The non‑consenting co-owner is not automatically required to pay at the time the work is done.

How costs can be recovered or allocated later

Even though the hiring co-owner pays up front, Massachusetts law and court practice provide ways to allocate or recover survey costs later in certain situations:

• If co-owners file a partition action (to physically divide or sell the property), the court can order a survey or appoint commissioners to value and divide the property, and the court can allocate the costs of surveying and dividing among the parties. See Massachusetts partition statutes: M.G.L. c. 240 (Partition).
• If the dispute is a boundary controversy (who owns which portion of land), the Land Court or a Superior Court action to determine boundaries may result in a court‑ordered survey. The court may assess costs and fees against one or more parties based on equities and the outcome.
• Equitable contribution/expenses: in some cases a court may require the co‑owners to share the cost, especially where the survey was necessary to protect or preserve the property (for example, to resolve a title or encroachment issue). The court’s allocation will depend on the facts, the reasonableness of the expense, and each party’s interest.

Practical outcomes you can expect in Massachusetts

• If the survey is routine (e.g., for refinancing where only one owner needs it), the ordering owner typically pays and cannot force the other owner to reimburse unless there is an agreement or a later court order.
• If the survey resolves a shared legal problem (boundary dispute, title defect, or partition), a court can order a survey and distribute costs among co‑owners under partition or boundary resolution procedures (M.G.L. c. 240), or the Land Court can resolve registered land disputes (see Land Court information: Massachusetts Land Court).
• If you pay for a survey and later sue a co‑owner for reimbursement, you should be prepared to show the survey was reasonable and necessary. Courts weigh fairness, the nature of the disagreement, and the parties’ ownership shares.

Common paths to resolve the disagreement

1. Negotiate cost‑sharing in writing before any work starts.
2. Use mediation or neutral third party to reach an agreement on whether a survey is necessary and who will pay.
3. If urgent (e.g., a refinance deadline), have one owner pay and reserve the right to seek contribution later in court.
4. File a partition or boundary action if you cannot agree. The court can order a survey and apportion costs under Massachusetts partition law: M.G.L. c. 240.

Where to find a licensed surveyor and verify credentials

Choose a licensed professional. In Massachusetts, the Board of Registration of Professional Engineers and Land Surveyors oversees land surveyors: Board of Registration of P.E. & Land Surveyors. The Land Court can also be a resource for boundary and registry issues: Massachusetts Land Court.

Bottom line: the person who orders the survey normally pays up front. If the survey concerns a dispute over shared rights or a partition, a court can order a survey and allocate costs among co‑owners under Massachusetts partition and boundary procedures (see M.G.L. c. 240). To reduce risk, try to reach a written cost‑sharing agreement or use mediation before hiring a surveyor.

Disclaimer: This explanation is for general informational purposes only and is not legal advice. Consult a Massachusetts attorney to get advice tailored to your situation.

Helpful Hints

• Get a written estimate from at least two licensed surveyors before authorizing work.
• Ask the surveyor for a scope of work and a timeline in writing. Keep all invoices and communications.
• Check your deed, title insurance policy, and any existing plats or surveys—sometimes an adequate survey already exists.
• Offer a short written cost‑sharing proposal to the co‑owner to document the attempt to resolve the issue without court involvement.
• Consider mediation to avoid the expense of litigation; many disputes settle when parties see a firm estimate of costs and consequences.
• If you must litigate, discuss partition actions and boundary remedies with a Massachusetts attorney—courts can order surveys and apportion costs under M.G.L. c. 240.
• If refinancing or selling is time‑sensitive, pay for the survey to avoid delays and preserve your right to seek contribution later with documentation.