Detailed answer — Who pays for a property survey when co-owners disagree (North Dakota)
Short answer: In North Dakota, co-owners should try to agree on who pays for a survey. If they cannot agree, either co-owner can ask the court to resolve the dispute (for example, by filing a partition action). A court handling a partition or boundary dispute can require a survey and then allocate the cost between the parties in a way it considers fair. Until a court orders otherwise, the person who hires the surveyor usually pays up front.
How this usually plays out — plain-language steps
- Discuss and negotiate: Co-owners often split the cost, or the party who wants the survey pays and seeks contribution later.
- Written offer and receipts: If one owner pays, get the other owner’s written agreement to split or repay; keep invoices and payment records.
- Mediation or informal resolution: If negotiation fails, try mediation to avoid court costs.
- File a partition or boundary action: If disagreement continues, a co-owner can file a partition or boundary suit in civil court. The court can order a survey, appoint commissioners, or order a sale of the property.
- Court allocation of costs: In a partition or boundary action the court has authority to allocate costs (including survey costs) between the parties based on what it finds fair and equitable.
Why a court order matters
When co-owners can’t agree, a court order removes uncertainty. Courts can:
- Order a survey or boundary reestablishment;
- Require one party to advance costs with the other party later reimbursing their share;
- Allocate costs proportionally to ownership shares, assign costs to the party that caused the dispute, or award costs to the prevailing party, depending on the facts and equities.
Relevant North Dakota law and resources
North Dakota handles partition and property disputes under state civil law. For the exact statutory language and procedural rules, see the North Dakota Century Code and related court rules. You can search the Code and locate statutes about partition, actions affecting title, and civil procedure at the North Dakota Legislature website: https://www.legis.nd.gov/cencode.
Common scenarios and likely outcomes
Here are typical fact patterns and how they often resolve under North Dakota practice:
- Both owners want the survey but disagree about timing: Split the cost or agree who pays now and who reimburses later.
- One owner requests a survey and the other objects: The requesting owner can pay up front and seek contribution later, or ask the court to order a survey during a partition or declaratory action.
- Dispute is over sale vs. partition in kind: The court may order a sale and divide proceeds or order a partition in kind if feasible; survey costs are part of the expenses the court can assign.
- Boundary dispute involving neighbors or adverse claims: A survey is often essential evidence; courts can allocate its cost as part of the final judgment.
Practical tips for co-owners
Before spending money or going to court, consider these steps:
- Check the deed and any prior surveys. Sometimes an existing survey resolves the issue.
- Get one written estimate from a licensed surveyor and share it with co-owners.
- Document all communications and offers in writing.
- Offer mediation; many disputes cost far less to resolve outside court.
- If you pay for a survey, keep invoices and a written agreement to pursue reimbursement if the other owner agreed to pay or if you later succeed in court.
When to consult an attorney
Talk to a North Dakota real property attorney if:
- You and your co-owner cannot agree on whether to survey;
- Boundary lines or ownership shares are contested;
- You are considering a partition action or worry about lien, title, or sale consequences.
Important disclaimer: I am not a lawyer and this is not legal advice. This article explains general North Dakota concepts about co-ownership, surveys, and partition based on publicly available information. For advice about your situation, consult a licensed North Dakota attorney.
Helpful Hints
- Ask the surveyor whether the cost can be split into phases (research first, fieldwork later). That can lower upfront expense.
- Check whether title insurance or a recent lender-required survey exists — it may avoid a new survey.
- Keep communications written (email or text) so you have a record of offers and refusals to pay.
- If you pay and later sue for contribution, keep the paid invoices and proof of payment to support a court claim.
- Consider a mediator experienced in real property disputes — mediation can be much cheaper than filing suit.
- In a partition action, expect the court to consider fairness and ownership percentages when assigning costs; prepare documentation of ownership shares and expenses.
- Look up statutory language and procedure at the North Dakota Century Code: https://www.legis.nd.gov/cencode