Who pays for a property survey when co-owners disagree? — Oregon FAQ

Short answer: In Oregon, there is no automatic rule that one co-owner must pay for a survey. Usually the person who requests the survey pays upfront. If co-owners cannot agree, a co-owner can ask a court to resolve the dispute (for example, by bringing a partition, boundary, or quiet-title action) and the court can order a survey and decide how to allocate the cost. For more on partition actions, see Oregon’s partition statutes: ORS Chapter 105.

Detailed answer — what Oregon law says and how it works

This answer explains the typical options and the legal framework in Oregon for resolving disagreements about paying for a property survey when two or more people co-own real property (cotenants).

1. Private agreement is the easiest path

If co-owners can talk, the quickest solution is a written agreement addressing the survey: who hires the surveyor, who pays, whether the cost will be split, and what happens to the survey results. A written agreement avoids court time and cost. Many co-owners split the cost equally or proportionally to ownership share.

2. If only one co-owner wants the survey

When one co-owner requests a survey (to sell, refinance, build, or clarify a boundary), that person typically pays upfront. That does not prevent them later from asking the other co-owners to reimburse part of the cost. If the other co-owners refuse, the person who paid can seek reimbursement through negotiation, mediation, or court action.

3. When co-owners cannot agree: court remedies

Oregon law provides procedures when cotenants disagree about the use, division, or possession of property. The most common route is a partition action (ORS Chapter 105). A partition action asks the court either to physically divide the property among the owners or to order its sale and division of proceeds. In a dispute over boundaries or title, a quiet-title or boundary action may also be appropriate.

In these court proceedings, the judge can order a survey, direct which party pays for it, or apportion the survey cost among the parties. The court also has discretion to allocate other costs and fees related to the litigation. See ORS Chapter 105 for the statutory framework: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html.

4. Practical outcomes the court may order

• Order the survey and require the party who asked for it to pay the cost.
• Order the survey and apportion the cost between the co-owners (for example, equally or in proportion to ownership shares).
• Order the sale of the property (partition by sale) and treat survey costs as part of the costs of the sale, to be paid from proceeds before distribution.
• Award reimbursement or costs to the prevailing party if the court finds it equitable to do so.

5. When a survey is especially likely to be required

Common situations that lead to surveys and disputes include: one co-owner wants to sell or refinance; a proposed improvement encroaches on a boundary; a boundary is disputed; or a co-owner claims adverse possession or exclusive use. If one owner proposes actions that affect title or use, a survey is often needed to protect everyone’s interests.

What you should do next — step-by-step

1. Talk with the other co-owner(s). Try to reach a written agreement on who hires and pays for the survey.
2. Get quotes from licensed Oregon land surveyors and share them with the co-owner(s). Ask for an itemized estimate explaining scope (boundary, topographic, staking, etc.).
3. Consider mediation or a neutral third party if negotiations stall. Mediation can be faster and cheaper than court.
4. If you must go to court, consult a real estate attorney about filing a partition, boundary, or quiet-title action. The court can order a survey and decide how to allocate costs under Oregon law (see ORS Chapter 105: https://www.oregonlegislature.gov/bills_laws/ors/ors105.html).
5. Keep records: written requests, estimates, payment receipts, and any written agreements. These documents help a court or mediator decide how to allocate costs.

Helpful hints

• Put agreements in writing — even a simple email that states who pays and how costs will be split can prevent disputes later.
• Use a licensed Oregon land surveyor. Confirm licensure with the Oregon licensing authority before hiring.
• Ask for a clear scope of work. Surveys vary (boundary only, boundary with stake-outs, topographic). A narrower scope costs less but may not solve the dispute.
• Consider proportional payment tied to ownership percentage if one co-owner benefits more from the survey (for example, if only one owner plans to sell a portion).
• Explore mediation first — courts often encourage settlement, and mediation is generally cheaper and faster than litigation.
• Plan for timing: a court-ordered survey or partition can take months or longer, and litigation costs can exceed the cost of the survey itself.

Hypothetical example

Two siblings co-own a house as tenants in common. One sibling wants to sell her share and asks for a boundary survey to confirm the legal description. The other sibling refuses to pay. The sibling who wants to sell can pay for the survey now and later ask for reimbursement, or file a partition action under ORS Chapter 105 asking the court to require a survey and allocate costs as part of the partition. A court could order the survey and split the cost, require the requester to pay, or treat survey costs as sale expenses deducted from proceeds.

Where to find more information

Oregon statutes on partition and related remedies: ORS Chapter 105. For help locating a licensed surveyor or checking credentials, contact Oregon’s relevant licensing board or state agencies that regulate land surveyors.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Oregon attorney who handles real estate and property disputes.