Quick answer

When co-owners disagree about ordering a property survey in New York, each owner is generally responsible for paying for their own survey unless they agree otherwise. If the dispute goes to court in a partition or quiet-title action, a judge can order a survey and allocate the cost among the owners equitably (often in proportion to ownership shares). A co-owner who commissions a survey without the others usually pays up front but may seek contribution later through settlement or litigation.

Detailed answer — how this works under New York law

Start with the basics: co-owners hold title together either as tenants in common or as joint tenants. That ownership gives each person rights (use, sale, partition) but also responsibilities (sharing costs tied to the property). A property survey is a professional mapping of boundaries and improvements. When co-owners disagree about having one done, the allocation of cost depends on agreement, necessity, and, if needed, court intervention.

1. If co-owners can agree

The simplest outcome is an agreement. Co-owners can sign a written agreement spelling out who hires the surveyor, which properties/features to map, and how to split the bill (for example, 50/50 or proportionate to ownership share). Put the agreement in writing and collect estimates from licensed New York surveyors. The Office of the Professions explains licensing requirements for land surveyors in New York: https://op.nysed.gov/professions/land-surveyor.

2. If one co-owner orders a survey over the other(s)’ objections

A co-owner may hire a surveyor and pay the invoice themselves. That person will have immediate control over the report and may share it or not, depending on what the surveyor’s contract allows. If the survey benefits all owners (for example, it clarifies boundaries required to sell or refinance), the paying co-owner may seek contribution from the others. Contribution claims are usually private (contract or equitable) and often require negotiation or a lawsuit to resolve.

3. If the dispute goes to court — partition, quiet-title, or boundary actions

If co-owners cannot resolve the matter, one owner can bring a partition action in New York under the Real Property Actions and Proceedings Law (RPAPL). In a partition action, the court can:

• order a survey or appoint a referee to examine boundaries;
• direct a sale of the property or divide it physically when practicable;
• apportion the costs of appraisals, surveys, and referees among the parties as the court deems fair.

See RPAPL provisions for partition and related procedures: https://www.nysenate.gov/legislation/laws/RPAPL. The court has broad equitable powers to decide who pays for court-ordered surveys and how to allocate costs.

4. Practical rules courts often follow in New York

• If a survey is necessary to effect a partition or to resolve a boundary dispute, the court typically treats the survey as a necessary litigation expense and assigns it among the owners according to fairness or ownership percentage.
• If one co-owner insists on a survey for a unilateral purpose (for example, to list their interest for sale) and the others had no need, a court may require the requesting owner to bear more of the cost.
• When a co-owner pays up front and later asks the court for contribution, the court will examine whether the survey benefited all owners and whether the paying owner gave adequate notice or an opportunity to participate.

5. Example (hypothetical)

Maria and Jorge own an old house as tenants in common. Maria wants to sell her one-half interest. Jorge objects to paying for a survey. Maria hires a licensed New York surveyor and pays the bill. The survey reveals an encroachment that affects both owners. Maria can try to recover part of the cost from Jorge by negotiation. If Jorge refuses, Maria can file a partition action asking the court to order a sale and to allocate survey costs; the court could order Jorge to pay part of the survey expense because the survey benefited both.

6. Other related tools and claims

Depending on the facts, co-owners may instead pursue a quiet-title or boundary-line action to resolve disputes about title or fences. Those actions also allow courts to order surveys and apportion costs. For guidance on court procedures and forms, consult the New York State Unified Court System: https://www.nycourts.gov/.

What you should do next — step-by-step practical guidance

1. Talk to the other co-owners. Try to reach a written agreement that explains who hires the surveyor, the scope, and how costs split.
2. Get estimates from licensed New York land surveyors and present them to co-owners. Use licensed professionals listed at the NYSED Office of the Professions: https://op.nysed.gov/professions/land-surveyor.
3. If the co-owners remain deadlocked, consider mediation. A neutral mediator can reduce cost and preserve relationships.
4. If negotiation and mediation fail, consult a New York real estate attorney about filing a partition, quiet-title, or boundary action. A lawyer can explain likely outcomes and cost allocation.
5. Keep records of communications and invoices. If you pay a surveyor and later seek contribution, documentation will help your claim.

Helpful Hints

• Ask for a written scope and fee estimate from the surveyor before hiring. That limits surprises.
• Consider a joint retainer: some surveyors will contract with multiple owners and bill them separately or bill one and provide an agreed allocation.
• If a lender requires a survey for refinancing, the borrower (usually the seller or the borrower) typically pays. Confirm who must pay in writing.
• Use mediation to avoid court costs. Courts can allocate survey costs, but litigation usually costs more than the survey itself.
• Remember that costs allocated by a court may be part of the final accounting when the property is partitioned or sold.