Disclaimer

This article explains general information about Minnesota law. It is educational only and is not legal advice. For guidance about your facts, consult a licensed attorney in Minnesota.

Detailed Answer

When two or more people co-own real estate in Minnesota and they disagree about property lines, improvements, or use, the question of who pays for a professional property survey depends on how the parties proceed and whether a court becomes involved. Below is a practical, step-by-step explanation of the typical outcomes under Minnesota law.

1. Private agreement: whoever asks usually pays

If co-owners try to resolve the disagreement without going to court, the party who hires the surveyor generally pays that bill at the outset. Co-owners can negotiate cost-sharing, split the bill, or agree that one owner will advance the cost and be reimbursed later. Written agreements are best: they reduce later disputes about reimbursement and may identify who controls the surveyor selection and scope.

2. Mediation or informal resolution

Mediation or neutral evaluation may be used before filing a lawsuit. Parties typically split the cost of any jointly ordered survey, or each side pays its own expert. A mediator can help allocate costs in a settlement agreement.

3. Court-ordered survey in a partition, quiet title, or boundary action

If co-owners cannot agree, one owner may file court proceedings such as a partition action or a quiet-title/boundary action. Minnesota’s laws on partition are found in chapter 559 of the Minnesota Statutes. In that process the court has authority to order surveys, appoint commissioners, or require professional reports as part of resolving ownership and dividing property. See Minn. Stat. ch. 559: https://www.revisor.mn.gov/statutes/cite/559.

When a court orders a survey, the court will also decide who pays. Courts have discretion to allocate costs and may do one of the following:

• Charge the cost to the party requesting the survey;
• Order costs to be split among co-owners in proportion to their interests; or
• Charge the cost to the losing party or otherwise allocate costs equitably based on the circumstances.

Costs assessed by the court can become part of the judgment. If the dispute is a partition action, courts often treat survey and commissioner expenses as costs of partition and bill them against the property estate or the owners as justice requires. The exact allocation varies with the facts—who caused the dispute, whether a party acted unreasonably, and whether the survey benefited all owners.

4. Practical factors courts consider

Courts look at several practical factors when allocating survey expenses, such as:

• Which party initiated the litigation;
• Whether the survey was reasonably necessary to resolve title, boundaries, or to complete the partition;
• Whether one party unreasonably refused to participate in a reasonable pretrial resolution; and
• Whether a party sought the survey for tactical reasons or to delay resolution.

5. Licensed surveyors and other regulatory items

Hire a licensed Minnesota land surveyor. The state regulatory board oversees surveying and licensing; you can confirm a surveyor’s license through the Minnesota AELSLAGID board: https://mn.gov/aelslagid/. A licensed surveyor will provide a written survey, legal description updates if needed, and a professional certificate suitable for court or title purposes.

6. Title insurance and prior surveys

Check existing title insurance, previous surveys, plats, and property records before ordering a new survey. Sometimes an older certified survey is adequate and can save money. If title insurance exists, the insurer’s position on a boundary problem may affect who pays for a new survey.

7. Example (hypothetical)

Two siblings inherit a lot and disagree about where the back fence should go. One sibling hires a licensed surveyor and pays $1,200. The other refuses to share costs. The sibling who paid can try to negotiate reimbursement. If they file a partition or boundary suit, the judge may order a court-approved survey and decide whether the $1,200 should be reimbursed, whether the property estate should bear the cost, or whether the other sibling must pay—all depending on who acted reasonably and what the court finds fair under Minn. Stat. ch. 559 (https://www.revisor.mn.gov/statutes/cite/559).

Bottom line

If owners can negotiate, put the agreement in writing and allocate survey costs up front. If they cannot, the party who files suit may advance the cost, and a Minnesota court can later allocate costs based on fairness and statutory rules in chapter 559. Expect the court to consider who caused the dispute and whether the survey was necessary.

Helpful Hints

• Get written cost estimates from two or three licensed Minnesota surveyors before hiring anyone.
• Ask the surveyor whether the survey will meet court or title-company standards—confirm the scope in writing.
• Keep records: written agreements, emails, invoices, and prior surveys help a court allocate costs if needed.
• Consider mediation or neutral evaluation before filing suit—costs are often lower and outcomes faster.
• If you must litigate, tell your attorney about any title insurance, prior surveys, or plats; those documents can reduce the need for a new survey.
• Confirm the surveyor is licensed through the Minnesota licensing board: https://mn.gov/aelslagid/.
• Ask whether the surveyor carries professional liability insurance and whether the survey includes a written certification.
• If you advance the cost unilaterally, consider sending a written demand for reimbursement before or when filing a court action so a judge has the record to evaluate reimbursement requests.