Can I arrange a survey for property I co-own with a sibling?
Short answer: Yes. As a co-owner you can start the process of getting a property survey, but the easiest and least costly path is to coordinate with your sibling. If your sibling refuses, Michigan law provides remedies (including court-ordered partition or boundary resolution). Below you will find a step-by-step, plain-language guide to arranging a survey for co-owned property in Michigan, what to expect, and what to do if co-owners disagree.
Disclaimer
This is educational information, not legal advice. I am not a lawyer. For legal advice about your specific situation, consult a licensed Michigan attorney.
Detailed answer — how to arrange a survey for co-owned property in Michigan
1. Start by talking with your sibling
Because you co-own the land, the simplest route is an agreed plan. A surveyor needs access to the property and permission to examine fences, markers, and improvements. Ask your sibling whether they are willing to: share any recorded deeds or prior surveys they have, agree on the scope of the survey, and split or otherwise handle the cost. An agreed survey avoids conflict, saves time, and produces a neutral document both owners can use.
2. Gather existing documents and records
Before hiring a surveyor, collect the deed(s) for the property, any prior surveys or plats, the legal description, and your county parcel number or tax ID. Check the county Register of Deeds for recorded plats, surveys, easements, or other recorded instruments affecting boundaries. These documents help the surveyor work quickly and accurately.
3. Decide what kind of survey you need
Common types of surveys include:
- Boundary survey: Locates property corners and shows the boundary lines on the ground and on a map. This is the usual survey when owners want to know precise lot lines.
- Mortgage/truth-in-lending or survey for lender/title company: Often required by lenders when you refinance or sell.
- Topographic or ALTA/NSPS survey: More detailed, used for development or title insurance for commercial transactions.
For most co-owners wanting to confirm lines or mark corners, a boundary survey is sufficient.
4. Hire a licensed Michigan land surveyor
Make sure the professional is licensed in Michigan. You can find licensed surveyors through the Michigan Department of Licensing and Regulatory Affairs (LARA) and the Board of Professional Surveyors. Licensed surveyors must follow Michigan standards and produce a signed, sealed record of survey.
Suggested steps when hiring:
- Get written quotes from two or three licensed surveyors.
- Confirm the scope (boundary corners, stakes/monuments, a labeled map, electronic files) and the delivery date.
- Ask whether the price includes research at the county Register of Deeds and any stake setting or monument replacement.
- Confirm who will pay for underground utility location or permit fees, if needed.
5. Pay, schedule, and provide access
Surveys usually require site visits. All owners should authorize access for the surveyor and for any subcontractors (e.g., utility locators). If the siblings share ownership, decide in writing who pays and how (split equally, one pays and is reimbursed, etc.). Keep records of agreements and receipts.
6. Review the survey and record it if needed
The surveyor will deliver a map/plat showing corners, boundary lines, and any encroachments or easements discovered. Review it carefully. If you plan to rely on the survey for title or a sale, ask the surveyor whether they recommend recording the map at the county Register of Deeds.
7. If you and your sibling disagree
If your sibling refuses to cooperate (won’t allow access, won’t share costs, or disputes the boundary), your options include:
- Try mediation or settlement: A neutral mediator can help co-owners reach an agreement on paying for a survey and resolving boundaries.
- Hire a surveyor unilaterally: You can hire a surveyor and survey your portion or the whole parcel if you have legal access, but a non-consenting co-owner may later dispute the survey or object to fence/monument clearing.
- File a partition or boundary action in Michigan circuit court: If co-owners cannot agree, Michigan law allows a co-owner to seek a court-ordered partition of the property or other relief. These actions are governed by Michigan law and court rules; a court can order a partition, sale, or other remedy if division on the ground is infeasible. (If you are considering court action, consult a Michigan attorney to discuss costs and likely outcomes.)
For more information on partition actions and Michigan procedure, consult the Michigan Compiled Laws and local court rules or speak with a Michigan attorney or the county circuit court clerk. The Michigan Legislature website is a primary source for statutory text: https://www.legislature.mi.gov/
8. Possible follow-up actions after the survey
- If the survey shows an encroachment or overlapping claims, consider negotiating an easement or boundary line agreement and record it.
- If a monument is missing or corners are lost, the surveyor will rely on the best available evidence (deeds, old surveys, witness corners). In contested cases, a court may be asked to determine the boundary.
- If the survey reveals title problems, a quiet title action may be necessary to resolve ownership claims.
Hypothetical example
Facts: You and your sibling inherited a 1-acre lot in Kent County. You want to build a small shed near what you think is your boundary line. Your sibling is worried the shed will sit on their side.
Steps you could take: (1) Ask your sibling to agree to a boundary survey and to split the cost; (2) search county records for earlier surveys and bring those to the meeting; (3) hire a licensed Michigan land surveyor, clarify that you want monuments set at corners and a signed map; (4) allow the surveyor to mark corners and deliver a certified drawing; (5) if your sibling refuses, offer mediation; if mediation fails, consult a Michigan attorney about filing a partition or boundary determination action.
Relevant Michigan resources
- Michigan Legislature (statutes and searches): https://www.legislature.mi.gov/
- Michigan Department of Licensing and Regulatory Affairs (professional licensing information): https://www.michigan.gov/lara
- Michigan Legal Help (practical guides on boundary disputes and surveys): https://michiganlegalhelp.org/
- County Register of Deeds (search recorded plats, surveys, deeds) — search your county’s official website for recording and parcel records.
Helpful Hints
- Communicate early. Agreeing on a surveyor and scope avoids most conflicts.
- Always hire a surveyor licensed in Michigan. Ask to see their license and sample plats.
- Get at least two written quotes and a written scope of work before hiring.
- Confirm whether the quoted price includes research, monument replacement, and electronic files (CAD/GIS).
- Keep copies of deeds, surveys, and the final survey in a safe place. Consider recording the survey at the county Register of Deeds.
- If the other owner refuses to cooperate, try mediation before filing a lawsuit — it is often faster and cheaper.
- If you plan to build near a presumed boundary line, don’t rely only on visual markers (fences, trees). Always get a survey first.
- When in doubt about legal rights, partition suits, or filing quiet title actions, consult a Michigan attorney experienced in real property disputes.
If you want, tell me (1) whether your sibling is cooperative, (2) whether you already have a deed or old survey, and (3) whether you need the survey for building, sale, or simple boundary clarification — I can help you outline next steps and questions to ask a surveyor.