Understanding Payment for Property Surveys Between Co-Owners in New Hampshire

Disclaimer: I am not a lawyer. This article is for informational purposes only and does not constitute legal advice. If you need legal advice about your situation, consult a qualified New Hampshire attorney.

Detailed answer

When two or more people own property together in New Hampshire and disagree about boundaries, fences, improvements, or how to divide the land, a land survey often becomes necessary. Who pays for that survey depends on the situation, the agreement between owners, and whether the dispute ends up in court.

1. Private agreement among co-owners

If co-owners can negotiate, they should decide in writing who will pay for the survey and how costs will be shared. Common approaches include:

Splitting the cost equally between owners.
Splitting the cost proportionally to each owner’s ownership share (for example, 50/50 for two equal owners).
One owner pays up front and the other reimburses a share within a set period.

Written agreements avoid later disputes. If you hire a surveyor, get a written contract showing the scope and price and keep receipts.

2. When a co-owner requests a survey and the others refuse

If one owner requests a survey and the other owner(s) refuse, the requesting owner can still hire a surveyor and pay the cost themselves. That owner may later seek reimbursement from the other co-owner(s) through negotiation, mediation, or a court action.

In practice, courts generally expect co-owners to act reasonably. If a survey is necessary to protect ownership rights (for example, to resolve a boundary dispute or prepare for partition), a court may order the costs be shared or assigned as part of a later legal resolution.

3. Court-ordered surveys and partition actions in New Hampshire

If co-owners cannot agree, one owner can file a partition action in New Hampshire Superior Court to divide or sell the property. See New Hampshire statutes on partition for the governing procedures. In a partition action the court can:

Order a survey or appoint a commissioner to make a report;
Order the property divided or sold and allocate net proceeds among owners;
Allocate costs, including survey and court costs, between the parties according to what the court finds fair.

New Hampshire’s partition statutes outline the court’s authority over dividing jointly owned land; a useful starting point is the state statutes on partition. For statutory details, see the New Hampshire Revised Statutes Annotated (Partition of Real Estate): RSA Chapter 547 (Partition of Real Estate).

4. Allocation of costs

The court’s allocation of survey costs will depend on the case facts. Typical outcomes include:

Costs split between co-owners if both contributed to the dispute or both benefit from the survey;
Costs charged to the owner who forced the action if the court finds that owner’s conduct caused unnecessary expense;
Costs treated as part of the costs of sale or division and subtracted from proceeds before distributing the owners’ shares.

5. Practical steps before hiring a surveyor or filing suit

Before escalating to court, try these lower-cost options:

Ask for a joint meeting with a surveyor to get an estimate and an explanation of what work is necessary.
Request a written proposal from the surveyor that shows the exact scope and price.
Propose mediation to split costs and resolve the dispute without litigation. Mediation is often quicker and cheaper than a partition action.
If one owner pays and later sues for contribution, save invoices, contracts, and communications to support your claim.

Common hypothetical scenarios (illustrative)

Below are short examples to illustrate how payment usually plays out under New Hampshire practice.

Scenario A — Cooperative co-owners

Two siblings own a family lot as tenants in common. They agree to split a survey 50/50. They sign a simple written agreement and hire a licensed New Hampshire surveyor. Both pay their share and keep receipts.

Scenario B — One owner needs a survey, the other refuses

Owner A suspects a boundary encroachment and hires a surveyor after Owner B refuses. Owner A pays the invoice. Later, Owner A either negotiates reimbursement or files a partition/equitable contribution action. A court may order Owner B to reimburse some or all of the cost if it finds the survey was reasonable and necessary.

Scenario C — Court-ordered resolution

Co-owners cannot agree and Owner A files a partition action. The court orders a survey and sale. The court’s judgment allocates the survey cost as part of the costs of sale, reducing the net proceeds distributed to each owner in proportion to their share.

Helpful hints

Ask for a written estimate from at least two licensed New Hampshire surveyors to compare price and scope.
Before paying, get a written agreement that explains whether the surveyor will produce a legal boundary survey (often needed for deeds) or a simpler property sketch.
Keep all written communications with co-owners about cost-sharing. Emails and signed notes help later if you need a court to decide contribution.
Consider mediation early — it often resolves cost disputes and avoids court fees.
When possible, divide the property or agree to a boundary line in writing and record an updated deed or boundary agreement with the county registry of deeds to prevent future disputes.
If litigation seems likely, consult a New Hampshire real estate attorney to understand how a court might allocate survey costs in your specific facts.
Look up the New Hampshire statutes on partition to understand the court process: RSA Chapter 547 (Partition of Real Estate).

When to talk to an attorney

Get legal advice if:

Co-owners cannot reach any agreement about a survey or division of the property;
There is a suspected encroachment, adverse possession claim, or dispute over title;
You want to file a partition action or respond to one;
You need help enforcing reimbursement after you paid the survey cost.

An attorney can explain likely outcomes, court costs, and whether you may recover survey costs in your situation.