Arranging a Survey When You Co-Own Property in Vermont
Short answer: Start by reviewing deeds and town records, talk with your co-owner, then hire a Vermont-licensed land surveyor. If your co-owner refuses access or cooperation, your remaining options include negotiation, mediation, or a court partition action under Vermont law. This article breaks the process into clear steps and points you to Vermont resources.
Detailed answer — step-by-step guide
1. Clarify why you need a survey
Surveys serve different purposes: identifying a boundary line, preparing for sale, subdividing, resolving a neighbor dispute, or satisfying a lender. Tell potential surveyors the purpose because that affects the scope, cost, and how the survey will be recorded.
2. Gather title documents and local records
Locate the deed(s), any prior surveys or plats, and any easement or right-of-way documents. Check the town clerk and lister’s office in the town where the property sits for recorded plats, deeds, and tax maps. Many Vermont towns keep paper and digital records; the state’s geographic data portal can also show cadastral maps and existing parcel lines:
- Vermont Geodata (VCGI) — cadastral and mapping data
- Local town clerk or lister’s office (contact details on the town’s website)
3. Find and hire a licensed Vermont land surveyor
Vermont requires professional licensing for land surveyors. Look for a surveyor licensed in Vermont, ask for references, examples of similar work, a written estimate, and a sample of the surveyor’s final signed and stamped survey (a “plat” or “boundary survey”). Ask whether monumentation will be set (iron rods, pins) and whether the surveyor records the final plat at the town clerk’s office or land records.
Use the state professional licensing resources to confirm licensure and to find contact information:
4. Agree with your co-owner on scope, cost, and access
Because you co-own the property, you should try to get a signed agreement with your sibling about allowing the surveyor access, who will pay, and how the costs will be split. If both co-owners cooperate, the surveyor can complete the work quickly and record the plat. If you plan to split costs, put that agreement in writing.
5. If the co-owner refuses to cooperate
If your sibling refuses access or refuses to share cost, try negotiation, mediation, or using a neutral third party to reach agreement. If those options fail, Vermont law allows a legal remedy called a partition action. A partition action asks the court to divide or sell co-owned real estate so each owner can receive their share. Filing this type of lawsuit is a significant step and typically requires a lawyer. For basic information and to identify the appropriate statutes or court forms, see the Vermont Judiciary and the Vermont statutes search:
- Vermont Judiciary (court information and self-help resources)
- Search Vermont statutes for “partition” (statutory basis for court remedies related to co-owned property)
6. What the surveyor will do and how long it takes
The surveyor typically:
- reviews deeds and prior surveys;
- locates and references existing monuments or sets new markers;
- measures and maps the property lines, improvements, and any encroachments;
- produces a signed, stamped plat suitable for recording.
Time varies by complexity — a simple boundary survey might take days to weeks; a complicated survey (steep terrain, multiple old deeds, disputes) may take longer.
7. Recording, costs, and use of the final survey
Once complete, the surveyor will usually give you a paper and digital copy and can record the plat or the deed at the town land records. Typical costs depend on acreage, terrain, and complexity; ask for a written fee estimate. Lenders, title companies, and buyers commonly require a current survey when financing or buying property.
Key Vermont legal resources and statutes
Use these official resources for forms, statutes, and professional licensing checks:
- Vermont Statutes Online — search titles and chapters for statutes about partition, property, and real estate.
- Vermont Secretary of State — Professional Licensing — verify a surveyor’s license.
- Vermont Geodata (VCGI) — statewide mapping, parcel layers, and data useful before a survey.
- Vermont Judiciary — court processes and self-help resources if legal action becomes necessary.
When to talk to a lawyer
Talk to an attorney if your co-owner refuses access, if there are suspected title problems, conflicting deeds, or serious encroachments. A lawyer can explain whether a partition action or another court remedy is appropriate and help with strategy, pleadings, and court appearances.
Disclaimer
This information explains general steps for arranging a property survey in Vermont and points to official resources. It is educational only and is not legal advice. For advice about your specific situation, consult a licensed Vermont attorney.
Helpful Hints
- Start by checking town land records and existing surveys — you may already have what you need.
- Hire a Vermont-licensed land surveyor and get a written estimate and timeline.
- Get a written agreement with your co-owner about access and cost sharing before the survey begins.
- Ask your surveyor whether they will set monuments and whether they will file the plat with the town.
- If cooperation fails, consider mediation before filing a partition action — it is faster and less expensive.
- Keep copies of all documents, communications, and the final stamped survey; these records help with title issues or future sales.
- Consult a Vermont attorney if you believe a court action (partition) may be required — legal remedies have deadlines and specific procedures.