Disclaimer: This article explains general information about Missouri property law and is not legal advice. If you face a real dispute, consult a licensed Missouri attorney about your specific facts.
Detailed answer: Who pays for a property survey when co-owners disagree (Missouri)
When owners share title to Missouri real estate and they cannot agree about boundaries, lot lines, or the need for a survey, the cost question has three practical paths: agreement, unilateral payment, or court resolution. Missouri law gives each co-owner a legal right to seek court relief (for example, a partition or boundary determination). The court can order a survey as part of resolving the dispute and can allocate the costs as it determines fair under the circumstances.
1. Private agreement is the simplest outcome
Co-owners can agree in writing how to proceed and who will pay. Common approaches are:
- Split the survey cost equally.
- The requesting owner pays upfront and is reimbursed if they win a court-ordered allocation.
- One owner pays and receives an offset in any later buyout or accounting.
2. If one owner hires a surveyor without agreement
A single co-owner may hire and pay a surveyor. That owner typically bears the initial cost. If the matter later goes to court, a judge may order the other co-owner(s) to reimburse part or all of that cost if the survey proved necessary to resolve a boundary or title dispute. Conversely, the court could require the requesting owner to bear the cost if the survey was unreasonable or unnecessary. The outcome depends on the facts and the court’s equitable discretion.
3. Court intervention: partition, boundary, or quiet-title actions
When co-owners cannot resolve the issue, Missouri law allows a party to file a partition action or another type of equity action to settle ownership or boundaries. See Missouri’s partition statutes, Chapter 524 of the Revised Statutes of Missouri: RSMo Chapter 524 (Partition) and the opening section at RSMo §524.010.
In those proceedings a judge can:
- Order a professional survey to establish boundaries or prepare the property for division or sale.
- Decide how to allocate the survey cost among the parties based on fairness, who caused the dispute, and the usefulness of the survey to each party.
- Order additional relief such as partition in kind, partition by sale, or a money accounting among co-owners.
4. Boundary disputes and surveys
If the disagreement involves an encroachment, conflicting deeds, or unclear monuments, a boundary survey is often necessary to resolve title or use issues. Courts treat boundary resolution as a proper subject for equitable relief and may include survey costs in the final allocation.
5. Practical factors courts consider
- Which party requested the survey and why.
- Whether the survey was reasonably necessary to resolve the dispute.
- Whether one party acted in bad faith or obstructed discovery of property lines.
- Whether a party obtained the survey to prepare for sale or mortgage (which may affect how costs are allocated).
6. Steps to protect your position in Missouri
- Try to reach a written agreement about the survey and cost-sharing before hiring anyone.
- Get multiple written estimates from licensed surveyors and choose an appropriate survey type (boundary, mortgage, ALTA/NSPS if needed).
- Document communications and reasons for the survey—this helps if a court later allocates costs.
- If you must litigate, ask the judge to order a survey and to allocate costs in the court order.
When to consult an attorney
Talk with a Missouri real property attorney if the co-owners:
- Are deadlocked over a boundary or an apparent encroachment.
- Face the prospect of partition, sale, or buyout.
- Need guidance about how a survey will affect title, mortgages, or property taxation.
Helpful hints
- Ask for a written estimate and a scope of work from any surveyor. Surveys commonly cost a few hundred to several thousand dollars depending on size and complexity.
- Understand survey types: a boundary survey locates property lines; an ALTA/NSPS survey supports commercial transactions and lenders; a mortgage survey is typically smaller and cheaper.
- Keep records: deeds, prior surveys, tax maps, and title insurance policies help the surveyor and the court.
- Offer mediation before suing. A neutral mediator can often produce a cost split or compromise faster and cheaper than litigation.
- If you hire a surveyor, ask for a signed certificate and a marked map you can file with the county recorder if needed.
- Remember: starting a partition or quiet-title case will involve court fees and attorney fees in addition to survey costs.
For more information on Missouri partition law, see RSMo Chapter 524: https://revisor.mo.gov/main/OneChapter.aspx?chapter=524 and the opening section at RSMo §524.010.
If you need help finding a Missouri attorney experienced in real property disputes, consider contacting your local bar association or using Missouri lawyer referral services.