How to Arrange a Property Survey for Co-Owned Land in North Dakota | North Dakota Partition Actions | FastCounsel
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How to Arrange a Property Survey for Co-Owned Land in North Dakota

Can I get a property survey for land I co-own with my sibling?

Short answer: Yes. You can arrange a land survey for property you co-own with a sibling. Start by discussing the goal and splitting the cost or agreeing who will pay. Then hire a licensed land surveyor to perform a boundary or survey map. If you and your sibling disagree about boundaries or the cost, North Dakota law provides procedures (including court-ordered partition) to resolve disputes. This article explains practical steps, what to expect, and where North Dakota law applies.

Detailed answer — how to arrange a survey for co-owned property in North Dakota

1. Clarify the purpose of the survey

Surveys come in different types. Tell the surveyor and your sibling the reason for the survey so the right type is done:

  • Boundary survey: Establishes the legal corners and lines of the parcel(s) under current title and recorded plats.
  • ALTA/NSPS survey: A detailed survey typically used for lending, sale, or title insurance purposes.
  • Mortgage or improvement survey: Focused on improvements and setbacks for permitting or financing.

2. Talk with your co-owner (your sibling) and agree logistics

Because you co-own the land, coordinate with your sibling before work begins. Discuss:

  • Which survey type you need
  • Who will hire the surveyor
  • How costs will be split
  • Access for the surveyor to the property

If you can agree on these points, the process is usually straightforward. If not, see section 6 below on what to do if there’s a disagreement.

3. Hire a licensed land surveyor

North Dakota requires professional land surveyors to be licensed. Search for a licensed surveyor in your area, ask for references, review sample plats, and request a written cost estimate and timeline. When you contact a surveyor, provide:

  • Current deed(s) or title information for the parcel
  • Any existing plats, surveys, or title insurance policy you have
  • Records of any physical improvements or fences you’re concerned about

The surveyor will research the chain of title, examine recorded plats and deeds, locate monuments or markers, take measurements on the ground, and prepare a drawing or legal description showing the boundary and, if requested, improvements and encroachments.

4. Pay for and accept the survey

Costs vary by parcel size, complexity, and travel. Ask for a written scope and price. When the survey is finished, the surveyor will give a map and/or legal description and can place new markers if agreed. Use the survey to update title records, settle questions about fences, or proceed with sale or financing.

5. Use the survey results to resolve or document ownership questions

If the survey shows a boundary line that differs from what a co-owner believed, you can:

  • Agree to a boundary line and record a boundary agreement or new deed modification
  • Request mediation or negotiation to resolve boundary or access issues
  • Seek a quiet title or partition remedy in court if agreement cannot be reached

6. If you and your sibling disagree about a survey or ownership

When co-owners cannot agree, North Dakota law allows private resolution (agreement or mediation) or court remedies. The state’s civil procedure and property laws provide for actions to partition property — either by dividing the land physically among owners or by selling it and dividing the proceeds. For information about statutes and procedures, consult the North Dakota Century Code available at the state legislature’s website: https://www.legis.nd.gov/cencode. A lawyer can explain how partition and related actions work in your specific situation.

7. When to get help from a lawyer

Call or consult a real estate attorney if any of the following applies:

  • There is a serious dispute with your co-owner that you cannot resolve by discussion or mediation
  • The survey reveals overlapping deeds, title clouds, or conflicting legal descriptions
  • You need to record a boundary agreement, prepare a new deed, or pursue partition or quiet title in court

Helpful Hints

  • Start with a short meeting or call with your sibling to agree on the survey’s purpose and the cost split. Clear expectations reduce conflict.
  • Ask the surveyor for a written scope, expected delivery date, and what documents you must provide.
  • Request references and sample plats. Confirm the surveyor is licensed in North Dakota.
  • Check county records (Recorder/Registrar of Deeds) for existing plats or recorded surveys before hiring a surveyor — that can speed the job.
  • If there is a fence or improvement encroaching on a neighbor or co-owner, the surveyor’s map is usually the best evidence to negotiate removal, relocation, or a written boundary agreement.
  • If you expect to sell or refinance, consider an ALTA/NSPS survey — lenders frequently require it.
  • Keep copies of the final survey with your deed and share it with your sibling. Recording the survey or a boundary agreement with the county can prevent future disputes.
  • If costs are a barrier, consider mediation or small-claims solutions for lower-value disputes before expensive litigation.

Where to find licensed surveyors and legal help

  • Search local directories, ask title companies, or contact county planning or recorder offices for referrals to licensed land surveyors in North Dakota.
  • For legal questions about co-ownership, partition, or recording boundary agreements, consult a North Dakota real estate attorney. The North Dakota Century Code is the official source of state statutes: https://www.legis.nd.gov/cencode.

Final note and disclaimer: This article explains general steps and options under North Dakota law but is not legal advice. I am not a lawyer. For legal advice tailored to your situation, consult a licensed North Dakota attorney or a licensed North Dakota land surveyor.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.