How to Arrange a Property Survey for Co-Owned Land in Virginia | Virginia Estate Planning | FastCounsel
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How to Arrange a Property Survey for Co-Owned Land in Virginia

Arrange a Land Survey for Co-Owned Property in Virginia

This FAQ-style guide explains how to arrange a property survey when you co-own land with a sibling in Virginia, what to expect, and options if your co-owner disagrees. It assumes no prior legal knowledge.

Detailed Answer

When you co-own property in Virginia, you generally have the right to obtain a survey of the land. A survey determines boundaries, improvements, encroachments, and easements. The practical steps and legal options are:

1) Collect key documents first

Before contacting a surveyor, gather these items:

  • Deeds and chain of title (your deed and prior deeds showing the legal description)
  • Existing plats or prior surveys (if any)
  • Title report or title insurance policy (if available)
  • Tax map or parcel number from the county assessor

If you don’t have copies, request them from the county clerk or land records office where the property is recorded or check your county’s GIS/tax website.

2) Talk with your co-owner (your sibling)

Explain why you want a survey (e.g., build a fence, sell part of the property, resolve a boundary question). Getting written agreement about access, timing, and cost-sharing reduces conflict. If your sibling agrees, decide who hires and pays the surveyor and whether you will split costs.

3) Hire a licensed Virginia land surveyor

Choose a surveyor licensed in Virginia. The Department of Professional and Occupational Regulation (DPOR) oversees land surveyors; you can find licensed surveyors and board information here: DPOR — Land Surveyors (Virginia). Key selection tips:

  • Confirm the surveyor’s Virginia license and ask for references.
  • Request the specific type of survey you need (boundary survey, improvement survey, ALTA/NSPS if for a commercial transaction, etc.).
  • Get a written contract that states the scope, price estimate, timeline, who will file the plat (if anyone), and how disputes will be handled.
  • Ask whether the surveyor will coordinate with utilities and whether a stakeout or monumentation is included.

4) Access to the property — practical points and rights

If co-owners agree, access is straightforward. If your sibling refuses access, consider these options:

  • Try mediation or negotiation to preserve the relationship and avoid court.
  • If negotiation fails, one co-owner can seek relief through the courts. In Virginia, disputes between co-owners (including requests to partition property or resolve boundaries) are handled in circuit court. See Virginia’s code and circuit court resources for procedures: Virginia Code (official) and Virginia Circuit Courts.
  • A court can order a survey or allow entry to perform a survey as part of a partition or boundary action.

5) After the survey — plats, recordings, and disputes

The surveyor will produce a plat (map) and written report. You can record the plat in the county land records if you choose. If a survey reveals an encroachment or disputed boundary, options include:

  • Negotiating a boundary line agreement between co-owners and recording it with the deed records.
  • Filing a civil action in circuit court for a judicial determination or partition. Courts can divide property, order a sale, or otherwise resolve ownership boundaries.

6) Cost and timing expectations

Costs vary by lot size, terrain, existing documentation, and the surveyor’s rates. For a typical residential parcel, expect a few hundred to several thousand dollars. Turnaround can range from a few days to several weeks depending on complexity and field work.

7) When to consult an attorney

Consider a real estate attorney if:

  • Your co-owner refuses access or payment.
  • The survey reveals a serious encroachment or title problem.
  • You are considering a partition action (a court-ordered division or sale of the property).

A local real estate attorney can explain rights as a co-owner under Virginia law and represent you in court if necessary.

Useful official resources:

Helpful Hints

  • Put agreements with your sibling in writing (who pays, who hires, access windows).
  • Start with a title search or ask a title company for a preliminary report — it can reveal recorded easements or prior plats.
  • Ask the surveyor whether they will mark the corners with permanent monuments — this reduces future disputes.
  • Keep communication civil. Simple mediation often saves time and money compared with litigation.
  • Verify the surveyor’s Virginia license and insurance at DPOR before signing a contract.
  • If you plan to build, request any additional surveys required by local building departments or lenders (e.g., floodplain or ALTA surveys).
  • If you file a partition or boundary action, deadlines and procedures vary. Consult a Virginia circuit court clerk or an attorney for local rules.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Virginia attorney.

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.