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

Practical steps for arranging a property survey when you co-own land in Oregon

This FAQ-style guide explains how to arrange a professional survey when two or more people own the same property in Oregon. It assumes no prior legal knowledge and focuses on what you can do, who to hire, and what to expect.

Detailed Answer

1. Understand the purpose of the survey

First, identify why you need a survey. Common reasons include locating the legal boundary, marking corners with stakes or monuments, checking for encroachments (fences, driveways, buildings), preparing for a sale or refinance (Lender/ALTA surveys), or preparing a partition. The scope affects the cost, timeline, and documents the surveyor will produce.

2. Know who can perform a legal survey in Oregon

Oregon requires that legal land surveys be prepared by a licensed professional land surveyor. You can read Oregon’s laws and licensing requirements for land surveyors at the Oregon Revised Statutes, chapter on professional land surveying: ORS chapter 672. Hire a surveyor licensed in Oregon to ensure the work will be accepted by title companies and local governments.

3. Get permission and discuss access

If you co-own the property, both co-owners generally should agree to the survey and to allow access. If the property is held as tenants in common, joint tenants, or other co-ownership, each co-owner has rights in the land—but practical cooperation makes the process easier. Discuss and agree on whether you’ll split cost and who will hire the surveyor.

4. Gather documents to provide the surveyor

Before the surveyor starts, assemble available documents: deeds, copies of the recorded plat (if any), prior surveys, title report, and any recorded easements. The surveyor will rely on recorded instruments and physical evidence (existing monuments, fences) when establishing boundaries.

5. Choose the right type of survey and get written scope & fee

Ask the surveyor to explain options and provide a written scope and fee estimate. Typical survey types include:

  • Boundary survey — establishes and marks the legal property lines.
  • ALTA/NSPS survey — detailed survey meeting lender standards; costs more.
  • Topographic survey — maps elevations and features (useful for site planning).
  • Improvement survey — locates buildings, fences, and other improvements relative to boundaries.

Request a written contract that states what will be delivered (map, field notes, monuments set), a timeline, and whether the cost includes recording the survey or delivering certified copies.

6. Cost, time frame, and common issues

Costs vary by lot size, terrain, number of corners found or missing, research time, and whether you need an ALTA survey. Small residential lots can often be surveyed in a few days to a few weeks; complex jobs may take longer. Expect to pay more if the surveyor must research old records, locate distant monuments, or reestablish lost corners.

7. If a co-owner refuses access or to pay

If a co-owner refuses to cooperate (denies access, refuses to share costs), you have options:

  • Try negotiation or mediation to reach an agreement about access and cost-sharing.
  • Record a boundary agreement if you can agree on where lines are; many such agreements are recorded and run with the land.
  • If you cannot agree, you may need to ask a court to resolve the dispute. In Oregon, courts handle partition actions to divide property rights and other civil actions to determine title or boundaries. Partition or quiet-title actions can lead a court to authorize entry or order a survey as part of resolving the dispute; see Oregon’s partition rules at the legislature’s website: ORS chapter 92 (Partition).

8. After the survey

The surveyor will deliver a map (plat) and field notes and may set permanent monuments (stakes, bars). You can record the survey or boundary line agreement with the county recorder if that’s needed to protect property interests. If a survey uncovers an encroachment or significant boundary disagreement, consider consulting an attorney before taking further action.

9. When to talk to an attorney

Consult a real property attorney if:

  • A co-owner refuses access or payment and negotiations fail.
  • The survey reveals an encroachment that affects use or value.
  • Title issues or overlapping claims exist that a survey alone won’t fix.
  • You need to record binding agreements, prepare for partition, or pursue litigation.

An attorney can explain legal remedies such as boundary line agreements, quiet title actions, or partition proceedings and can request court permission for survey access when necessary.

Quick legal references: Oregon requires licensed land surveyors for legal surveys: ORS chapter 672. Partition and similar remedies are covered by Oregon law: ORS chapter 92. If you plan to record agreements or a survey, your county recorder’s office can tell you local recording requirements.

Important disclaimer: This information is educational only and does not constitute legal advice. For legal questions or disputes about your specific property, consult a licensed Oregon attorney.

Helpful Hints

  • Start by talking with your co-owner. A brief written agreement about access and cost-sharing avoids many problems.
  • Hire a licensed Oregon land surveyor and get a written contract describing the deliverables and price.
  • Provide the surveyor with deeds, prior surveys, and any recorded plats or easements to reduce research time and cost.
  • Ask whether the surveyor will set permanent monuments and whether they will record the resulting plat.
  • If a lender or buyer requires a specific type of survey (ALTA/NSPS), say so up front—these surveys are more detailed and costlier.
  • Keep a paper trail: emails or a short written agreement showing consent from each co-owner helps if disputes arise later.
  • If a co-owner refuses access, consider mediation before filing court actions; mediation is often faster and cheaper than litigation.
  • When in doubt about legal consequences (e.g., possible loss of property through adverse possession or a complex title defect), consult a real property attorney licensed in Oregon.

Want help finding a licensed surveyor or an Oregon real estate attorney? Contact your county bar association or search the Oregon State Board of Examiners for Engineering & Land Surveying for licensed surveyors and the Oregon State Bar for attorneys in your area.

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.