Detailed Answer

When you co-own property with a sibling in New Mexico, arranging a boundary or property survey follows practical steps and legal options. A survey gives a professionally measured map of the property lines and can prevent or resolve disputes. Below is a clear, step-by-step explanation of how to arrange a survey, who pays, what to expect, and what to do if you cannot agree.

1. Talk to your co-owner first

Start by discussing the need for a survey with your sibling. If both owners agree, hiring and paying for the survey is straightforward. Agree on the scope (boundary survey, ALTA/NSPS survey if you plan to sell or finance, or a topographic survey if you need elevation info).

2. Collect basic property documents

Locate the deed(s) and the legal description of the property. Retrieve any prior surveys, plats, or recorded easements from the county clerk/recorder and the county assessor. Existing recorded plats or prior surveys can reduce cost and clarify boundary lines.

If you need county records, start at the county clerk or assessor office where the property is located. The New Mexico courts’ self‑help pages can also point you to local resources: New Mexico Courts Self‑Help.

3. Hire a licensed professional land surveyor

New Mexico requires that boundary surveys and plats be prepared or supervised by a licensed surveyor. Use the New Mexico Regulation and Licensing Department (RLD) board pages to confirm licensure and to find licensed surveyors: New Mexico RLD — Board of Licensure for Professional Engineers and Surveyors.

Get written bids from two or three surveyors. Provide the deed, legal description, any prior survey, and notes about known fences, improvements, or disputes. Ask whether the surveyor will research recorded title documents, locate monuments, set new monuments, prepare a map/plat, and prepare a signed surveyor’s certificate.

4. Decide who pays and how to document the agreement

If both owners agree, they can split the cost, or one owner can pay and be reimbursed per a written agreement. If you and your sibling own unequal shares, you may agree to split costs proportionally. Get a short written agreement that identifies the property, the scope of work, who hires the surveyor, how costs are split, and where the final survey will be recorded.

5. If co-owners disagree about getting a survey

If one co-owner refuses to allow access or to agree to a survey, there are two common paths:

• Entry for surveying: Many surveyors can lawfully enter property to locate corners and monuments, but local rules and trespass law apply. A surveyor typically tries to contact both owners. If access is denied, the party seeking a survey may need legal help to obtain court permission.
• Court action (partition or quiet title): If co-owners cannot agree on boundaries or disposition of the land, a partition action in district court may resolve ownership and require a survey or appointment of a commissioner to divide or order sale of the property. For general information about civil court processes in New Mexico, see New Mexico Courts Self‑Help. Partition and boundary procedures are governed by New Mexico law (court rules and statutes).

6. What the surveyor will do and deliver

A boundary surveyor will research title records, locate existing monuments, measure property lines, set new markers if needed, prepare a signed drawing/plat, and provide a written report describing any discrepancies, encroachments, or easements. The final surveyor’s plat is normally filed with the county clerk/recorder or used in a new deed or subdivision application.

7. After you receive the survey

Review the survey with your sibling. If it resolves the boundary and both owners agree, you can record any needed documents (such as an agreed boundary line agreement or an amended deed) with the county. If the survey shows encroachments or disputed lines that you cannot resolve by agreement, consider mediation or consultation with a real property attorney about quiet title or partition remedies in New Mexico.

When to involve an attorney

Consider seeing a lawyer if:

• Your co‑owner refuses access for a survey or refuses to split reasonable survey costs;
• The survey reveals major encroachments, overlapping deeds, or competing legal descriptions;
• You need a partition action, quiet title suit, or help enforcing recording or fence laws.

An attorney can write demand letters, advise on court remedies, or help draft boundary‑line agreements to be recorded.

Relevant New Mexico legal resources

• New Mexico Regulation and Licensing Department — Board that licenses surveyors: https://www.rld.state.nm.us/boards-and-commissions/board-of-licensure-for-professional-engineers-and-surveyors/
• New Mexico Judicial Branch — Self‑Help information for civil cases: https://www.nmcourts.gov/self-help/
• New Mexico Legislature — Statutes and searchable code (to locate statutes on partition, quiet title, and related civil procedure): https://www.nmlegis.gov/Legislation/Statutes

Note: Partition and quiet title proceedings and other remedies for boundary disputes are governed by New Mexico statutes and case law. If you need to reference a specific statute or prepare court filings, consult an attorney or the New Mexico statutes page above for the exact statutory language and current law.

Disclaimer: This article provides general information about processes and resources in New Mexico. It is not legal advice and does not create an attorney‑client relationship. For advice specific to your situation, consult a licensed New Mexico attorney.

Helpful Hints

• Start with communication: a short written agreement to hire a surveyor avoids many disputes.
• Bring copies of the deed, current tax parcel information, and any prior surveys to the surveyor’s first meeting.
• Confirm the surveyor’s license and professional liability insurance via the New Mexico RLD website.
• Ask for a written scope and price: boundary surveys, ALTA/NSPS surveys, and topographic surveys vary in cost and detail.
• Record the final survey or any boundary‑line agreement with the county clerk to protect both owners’ interests.
• If the property has improvements (fences, sheds) near the line, ask the surveyor to document encroachments so you can resolve them promptly.
• If you suspect a serious dispute or one owner refuses to cooperate, consult a real property attorney early to preserve rights and avoid costly delays.