Disclaimer: This information is educational only and is not legal advice. For advice about your specific situation, consult a licensed West Virginia attorney or a licensed land surveyor.
What a property survey is and why it matters
A property survey locates the boundaries and features of a parcel of land and shows them on a map. Surveys resolve questions about where a boundary lies, whether improvements (fences, driveways, buildings) encroach on a neighbor’s land, and which areas each co-owner actually controls. For co-owners, a current survey prevents misunderstandings, helps when selling or refinancing, and provides evidence if you must go to court.
Who pays for a survey when you co-own with a sibling?
Co-owners typically share the cost if both agree to an agreed-upon survey. If one owner asks for a survey and the other refuses, the requesting owner can usually pay for it alone, but this may create tension. If co-owners cannot agree on a survey or boundary, one owner can seek a partition action in West Virginia courts to ask the court to divide or sell the property. Court actions can include ordering a survey. Learn more about West Virginia statutes and court procedures at the West Virginia Code website: https://code.wvlegislature.gov/.
Step-by-step: How to arrange a survey for jointly owned property
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Talk to your sibling first.
Start with a clear conversation. Explain why you want a survey (e.g., planned sale, boundary uncertainty, building a fence). Agreeing in advance on the scope and who pays avoids conflict.
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Gather documentation.
Collect deeds, prior surveys or plats, tax parcel numbers, and the property’s legal description. Look for copies at the county clerk/recorder’s office or online land-records portal for your county.
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Decide what type of survey you need.
Common types: boundary survey (locates property lines), improvement survey (locates structures relative to lines), and ALTA/NSPS survey (often required by lenders for commercial transactions). Tell the surveyor the purpose so they provide the right type.
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Find and hire a licensed land surveyor.
Search for a licensed professional land surveyor in West Virginia. Ask for references, proof of licensure, examples of similar work, an estimated cost, and a written scope of work. A surveyor will perform research, set or find monuments, and produce a certified plat.
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Agree on access and timing.
Surveyors may need to enter the land and inspect fences and structures. Provide access and a realistic timeline. Seasonal conditions can affect timing and cost.
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Review the draft survey together.
When you get the draft, review boundary lines, monuments, and any encroachments. If you disagree with findings, discuss them with the surveyor and your sibling. Surveyors rely on recorded documents, monuments, and standard surveying practices.
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Record the final survey if appropriate.
Many co-owners record the certified plat or survey with the county clerk/recorder to make the boundary record clear for future buyers and lenders. Recording rules and fees vary by county.
What if your sibling refuses or you disagree about the results?
If discussions fail, West Virginia law provides dispute-resolution paths. You can seek mediation, arbitration, or file a partition action in court to ask a judge to divide the property or order a sale. A partition action can result in the court directing a survey or appointing a commissioner to determine boundaries and value. For the statutory framework and procedures, consult the West Virginia Code at https://code.wvlegislature.gov/ and consider consulting a West Virginia real property attorney before filing suit.
Typical costs and timing
Costs depend on parcel size, terrain, ease of access, complexity of the legal description, and whether research or monument recovery is extensive. Short, straightforward residential boundary surveys in West Virginia often run from a few hundred to a few thousand dollars. Rural or complex properties cost more. Expect anywhere from a few days to several weeks from hire to final plat.
How to choose a surveyor and an attorney
- Hire a surveyor licensed to practice in West Virginia. Ask for references, insurance information, and a written contract.
- If you anticipate litigation or a contested partition, consult a West Virginia real property attorney early to understand legal deadlines, costs, and how a survey will be used in court.
Helpful Hints
- Start with a calm, documented conversation with your sibling. Put agreements about who pays and the survey scope in writing.
- Check your county clerk/recorder for recorded plats and deeds before you hire a surveyor; this can save time and cost.
- Ask the surveyor whether they will set permanent monuments (pins) and whether the price includes a recorded plat.
- Get multiple quotes if cost is a concern, but don’t choose solely on price—experience and local knowledge matter.
- If an encroachment exists, document it with photos and measurements from the survey; this evidence helps in negotiations or court.
- Consider mediation before filing a partition action—mediation can save time and fees and preserve the sibling relationship.
- If you file a partition action, work with an attorney early. Courts can order surveys, but litigation is slower and more expensive than an agreed survey.
For state statutes and more detailed procedures, consult the West Virginia Code online at https://code.wvlegislature.gov/. To find licensed surveyors or the state licensing board, search for the West Virginia professional land surveyor licensing authority and verify credentials before hiring.
Remember: this article provides general information only and does not create an attorney-client relationship. For legal advice about your specific situation in West Virginia, speak with a licensed attorney.