Detailed Answer
If you co-own land with a sibling in South Carolina and need a property survey, the practical steps are straightforward: agree on the scope, hire a licensed surveyor, provide records and access, review the survey, and record it if needed. Below is a clear, step‑by‑step explanation of how to arrange that survey under South Carolina practice and what to do if you hit a disagreement.
1. Confirm the purpose and scope of the survey
Decide what you need the survey to do. Common types:
- Boundary survey — shows the accurate property corners and lines.
- ALTA/NSPS survey — more detailed; often required for commercial transactions or lenders.
- Mortgage/closure survey — used when refinancing or selling.
Choosing the proper type up front prevents surprises and extra cost.
2. Try to reach a cooperative agreement with your co‑owner
Ideally, both co‑owners agree on the scope, the surveyor to hire, and how to split costs. Put the agreement in writing (simple email or signed note) so the surveyor knows you have joint authorization to work on the property.
3. Hire a licensed South Carolina land surveyor
South Carolina requires land surveyors to be licensed. Use the South Carolina Department of Labor, Licensing & Regulation (LLR) to verify credentials and find licensed professionals: LLR — Board of Registration for Professional Engineers and Surveyors. Ask candidates for references, sample plats, proof of liability insurance, and a written estimate that lists what the survey will include.
4. Assemble documents and records for the surveyor
Provide the surveyor with whatever you have:
- Deeds and legal descriptions for the parcel.
- Previous surveys or plats (if any).
- Title commitment or title insurance policy excerpts.
- Tax parcel numbers and any county GIS maps.
If you don’t have deeds on hand, the county Register of Deeds holds recorded deeds and plats — the surveyor can often pull those records for you.
5. Give the surveyor access and clear instructions
The surveyor will need physical access to property corners, fences, or monumentation. Make sure both co‑owners agree that the surveyor may enter the property. If one co‑owner objects to access, note the objection in writing and try mediation (see below).
6. Review the draft plat and final deliverables
The surveyor will produce a plat or map and a written report. Review the plat for:
- Accurate property lines and corner markers.
- Existing easements, rights‑of‑way, or encroachments.
- Legal description suitable for recording.
Ask for clarification in writing if anything is unclear. If you plan to rely on the survey for sale, financing, or a boundary agreement, make sure the plat meets the requirements of the purchaser or lender.
7. Record the survey if appropriate
If you and your co‑owner agree to a new recorded plat or if the survey is used in a transaction, record the plat with the county Register of Deeds where the property lies. Recording practices vary by county; check with the local Register of Deeds for their filing requirements.
8. What to do if your sibling objects or you cannot agree
If the sibling refuses access, refuses to pay their share, or later disputes the survey results, South Carolina law allows several options:
- Try informal negotiation or mediation to resolve access, cost, or boundary disagreements.
- Consider a boundary agreement documented in writing and signed by both owners; a professionally prepared survey usually helps clarify terms.
- If negotiation fails, you may need to involve the courts. Partition actions and boundary disputes go through the South Carolina court system. For court procedures and forms, consult the South Carolina Judicial Branch: S.C. Courts.
Because civil litigation and partition can be complex, consider contacting a South Carolina real estate attorney to discuss options before filing suit.
Relevant South Carolina resources
- South Carolina Department of Labor, Licensing & Regulation (Professional Engineers & Surveyors): https://llr.sc.gov/eng/
- South Carolina Code and statutes (searchable): https://www.scstatehouse.gov/code.php
- South Carolina Judicial Branch (general court information): https://www.sccourts.org/
Helpful Hints
- Start by communicating: a short written agreement with your sibling about scope and cost can prevent disputes.
- Ask the surveyor for a written estimate that explains what is included and what might be extra (e.g., clearing heavy brush to find corners).
- Split costs in writing or confirm who pays what portion before work begins.
- Keep copies of deeds, prior surveys, title information, and the final plat together for future use.
- If you plan to sell or finance, ask the buyer’s lender what type of survey they require — an ALTA survey is different from a simple boundary survey.
- If your sibling will not cooperate, consider mediation before court; it is faster and less expensive than litigation.
- Verify the surveyor’s license and insurance through LLR before hiring.
- Record the final plat with the county Register of Deeds if you want the new survey to be a public record.
Disclaimer: This article provides general information about arranging a property survey in South Carolina. It is not legal advice. For advice about a specific situation, consult a licensed South Carolina attorney or a licensed land surveyor.