Detailed Answer — arranging a property survey for co-owned land in Texas
If you co-own real property in Texas with a sibling and you want an accurate, legal survey of the land, you can usually arrange one without court action. A survey clarifies boundaries, identifies encroachments, updates legal descriptions, and supports title transactions. Follow clear steps, understand your rights, and know your options if your co-owner disagrees.
Who can order a survey?
Any owner of an interest in real property in Texas may hire a licensed land surveyor to survey the property. Texas law requires practicing surveyors to hold a license; see the Texas Occupations Code, Chapter 107 for licensing and practice standards: https://statutes.capitol.texas.gov/Docs/OC/htm/OC.107.htm. You do not need your sibling’s permission to hire a surveyor, but you may need their cooperation to access all parts of the parcel or to locate interior improvements.
Practical steps to arrange the survey
- Gather documents. Collect the deed(s), any previous surveys, the title commitment or policy, recorded plats, and the tax parcel ID. These help the surveyor find the official legal description and prior monuments.
- Choose the right type of survey. Common types include boundary surveys (to establish property lines), ALTA/NSPS surveys (for lenders and commercial transactions), and mortgage surveys. Tell the surveyor how you will use the survey so they can select appropriate standards.
- Hire a licensed land surveyor. Confirm the surveyor’s Texas license and board status through the Texas Board of Professional Land Surveying at https://pels.texas.gov. Licensed surveyors follow the standards under Texas law (Occupations Code, Ch. 107): https://statutes.capitol.texas.gov/Docs/OC/htm/OC.107.htm.
- Get a written fee estimate and scope. A surveyor should provide a written scope of work, timeline, and cost estimate. Costs depend on acreage, terrain, accessibility, research needed, and whether monument setting or fence stakes are required.
- Provide access and cooperation. Make sure the surveyor can access the land. If your sibling agrees, coordinate a time and share keys or gate codes. If they do not cooperate, note potential access issues in writing (see the next section).
- Review and record. When the survey is complete, review the drawing and legal description. If you plan to rely on the survey for conveyancing, record a copy with the county clerk if appropriate for your county’s practice.
If the sibling refuses to cooperate
Disagreement about a survey is common. If your sibling refuses cooperation, you still can hire a surveyor and survey the property that you have a right to access from your side. But refusing access can limit the surveyor’s ability to find interior improvements or identify encroachments.
If you cannot resolve the issue by agreement, Texas law provides a remedy: a co-owner may seek a court-ordered partition. Under Texas Property Code Chapter 23, a co-owner can file a partition suit asking the court to physically divide the property or order a sale and division of proceeds. The court can order any necessary surveys, appraisals, or other actions to effectuate the partition: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.
Survey types and typical uses
- Boundary survey — establishes property lines and monuments for ownership disputes and fencing.
- ALTA/NSPS survey — standard used in commercial transactions and many lender closings.
- Mortgage or lender survey — satisfies lender requirements for closings.
- Topographic survey — shows elevation and natural features for development.
What a surveyor will need from you
- Deed and legal description
- Previous surveys or plats, if any
- Title commitment or policy (if available)
- Permission or access arrangements (who will open gates, provide keys)
- Contact information for all owners, if available
Costs and timing
Costs vary with acreage, complexity, and locality. Small residential boundary surveys may range from low hundreds to a few thousand dollars; larger or rural tracts can cost more. The surveyor should give a clear written estimate and expected turnaround time.
When to involve an attorney
If your sibling refuses to cooperate, if the boundary conflict is heated, if the survey uncovers adverse claims, or if you plan to force a partition, consult a Texas-licensed real estate attorney. An attorney can explain rights, draft agreements to share costs, or file a partition suit under Texas Property Code Chapter 23: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm. This article does not create an attorney–client relationship.
Legal references
- Texas Occupations Code, Chapter 107 (Professional Land Surveyors): https://statutes.capitol.texas.gov/Docs/OC/htm/OC.107.htm.
- Texas Property Code, Chapter 23 (Partition): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.
- Texas Board of Professional Land Surveying (verify licenses and find surveyors): https://pels.texas.gov.
Helpful Hints
- Talk with your sibling first. A short written agreement to share survey costs avoids disputes later.
- Hire a surveyor licensed in Texas. Confirm license status at the Board of Professional Land Surveying: https://pels.texas.gov.
- Provide the surveyor with deeds, plats, and any prior surveys to reduce research time and cost.
- Ask for a clear, written scope and timeline. Confirm whether monuments will be set or only located.
- If the property will be sold or financed, check whether a lender requires an ALTA/NSPS survey.
- Document any denial of access in writing. That record helps if you later need court relief.
- If disagreement continues, consider mediation before filing a partition suit. Mediation can be faster and less costly than litigation.
Disclaimer: This content is educational and general in nature and does not constitute legal advice. It does not create an attorney–client relationship. For advice specific to your situation, consult a licensed Texas attorney.