Detailed Answer
Short overview: If you co-own real property in Missouri with a sibling and want a survey, start by talking with your sibling and then hire a licensed Missouri land surveyor to perform the appropriate survey (boundary, mortgage, or other). If your co-owner refuses access or you need a formal boundary resolution, you may have to involve an attorney and, in some cases, file a court action such as partition. This article explains practical steps, types of surveys, what to expect, and options if your co-owner won’t cooperate. This is general information and not legal advice.
Who can order a survey for co-owned property?
Each co-owner generally has the right to possess and access the property. That means you can ask for and arrange a survey even if you do not own the entire parcel. The most practical path is to get your sibling’s agreement about the scope, timing, access, and cost-splitting. Where co-owners disagree about access or boundary lines, the dispute can become legal; in Missouri that may be resolved by negotiation, mediation, or a court action such as a partition or boundary determination.
Types of surveys you may need
- Boundary survey: Confirms the legal property lines and shows monuments, fences, and improvements relative to those lines.
- Mortgage/realtor survey (certified): Used for lending or sale; may be less detailed than a full boundary survey.
- ALTA/NSPS survey: A detailed survey used in commercial transactions and by title companies.
- Topographic or site survey: Shows elevations and site features for construction or planning.
Step-by-step: How to arrange the survey in Missouri
- Talk with your sibling first. Try to agree on the survey type, who will hire the surveyor, and how to share costs. A written agreement avoids misunderstandings.
- Locate existing property records. Gather deeds, prior surveys, plats, title insurance, and any mortgage or subdivision plats. These documents help the surveyor work faster and cheaper.
- Choose a licensed land surveyor in Missouri. Hire a surveyor who is licensed to practice in Missouri. Ask for references, proof of license, insurance, sample plats, and an itemized estimate with timeline.
- Provide clear scope. Tell the surveyor whether you need a boundary survey, ALTA/NSPS, topo, or another type. Confirm whether the surveyor will place monuments, prepare a recorded plat, file the survey for record, and provide electronic and paper copies.
- Schedule access and clear the site. Coordinate access with your sibling if possible. Clear heavy brush in corners if safe and appropriate so monuments can be found. If you have the legal right to access, let the surveyor know that.
- Review the delivered plat and report. The surveyor should deliver a plat (map) and written report describing methods, found monuments, and any discrepancies. Review these carefully and ask questions before paying the final invoice.
- Record the survey if needed. Many surveys are recorded in the county recorder’s office. Recording protects the public record and may be a required step for lenders or for creating new legal descriptions.
What if your sibling refuses to cooperate?
If a co-owner refuses access or denies the existence of a boundary problem, you still have options:
- Proceed unilaterally if you can access the property: Because co-owners generally have the right to possession and access, you may be able to hire a surveyor and allow them to enter. Be careful to avoid trespass on adjoining property that either of you does not own.
- Use mediation or negotiation: A neutral mediator can help reach a cost-sharing and access agreement without litigation.
- Consider a partition or boundary action: If you cannot resolve the dispute, Missouri courts can divide co-owned property (partition) or determine boundary lines. Partition can result in physical division or a forced sale. If you go to court, an expert survey will usually be part of the evidence. Consult a Missouri real property attorney if you are considering this step.
Costs and timelines
Costs vary with survey type, property size, terrain, and complexity. A simple lot survey in a residential subdivision may be done in days to a few weeks and typically costs a few hundred to a few thousand dollars. More complex rural, wooded, or large properties take longer and cost more. Ask surveyors for written estimates and timelines before hiring.
Documentation and next steps after the survey
- Keep the original plat and surveyor’s report with your deed and title documents.
- If the survey reveals encroachments, overlaps, or problems with the legal description, discuss next steps with your sibling and consider a title company or attorney to evaluate options (e.g., boundary agreement, easement, quiet title).
- If you want the survey enforceable against future buyers, consider recording the plat with the county recorder.
When to involve a Missouri attorney
Talk with an attorney if:
- Your co-owner refuses to allow access or interferes with the surveyor;
- The survey uncovers boundary disputes, encroachments, or title defects;
- You anticipate a partition action or need to prepare a boundary agreement or easement;
- The cost allocation or ownership division is contested.
An attorney can explain rights under Missouri law, advise whether a court action is appropriate, and help draft agreements to avoid future disputes.
Where to find Missouri statutes and official resources: For Missouri statutory law and to search specific statutes related to partition, property, and professional licensing, visit the Missouri Revisor of Statutes at https://revisor.mo.gov. For information and verification of professional licenses, check the Missouri Division of Professional Registration or state licensing board resources.
Disclaimer: This information is educational and general. It is not legal advice. For advice about your specific situation, consult a licensed Missouri attorney.
Helpful Hints
- Get written agreements with your sibling about scope, cost sharing, and access before work starts.
- Hire a surveyor licensed in Missouri and ask for prior work examples and references.
- Provide the surveyor with deeds, plats, and any existing surveys to speed work and reduce cost.
- Attend the survey if possible; being present helps answer questions and reduces surprises.
- Ask the surveyor whether monuments will be set and whether they will record the plat with the county.
- Keep a complete file: deed, survey plat, title insurance, and any written agreements with your co-owner.
- If costs are likely significant, consider mediation before resorting to litigation; it is often faster and cheaper.