Arranging a Property Survey for Co-Owned Land in Wisconsin | Wisconsin Partition Actions | FastCounsel
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Arranging a Property Survey for Co-Owned Land in Wisconsin

How to arrange a property survey when you co-own land in Wisconsin

Short answer: Talk with your co-owner, hire a licensed Wisconsin land surveyor, agree in writing on scope and payment, and record the survey with the county. If a co-owner refuses, you may ask a court for relief under Wisconsin’s partition laws. This is general information and not legal advice.

Detailed answer — steps to get a survey for co-owned property

1. Start with a clear, calm conversation

Begin by discussing the need for a survey with your sibling. Explain why you want one (clarify a boundary, prepare to sell or subdivide, resolve an encroachment, or confirm corners). If you both agree, the process is simpler and costs and access can be arranged cooperatively.

2. Understand the kinds of surveys

  • Boundary survey: Locates property lines and corner monuments.
  • ALTA/NSPS survey: Used for commercial transactions or lender requirements; more detailed and often more expensive.
  • Mortgage/title survey: Simpler survey used for some lending or title insurance purposes.

3. Hire a licensed Wisconsin land surveyor

Only a licensed land surveyor can prepare an official survey and set or reset corners. Search for qualified surveyors and verify their license through the Wisconsin Department of Safety and Professional Services (DSPS): Wisconsin DSPS — Land Surveyor.

4. Agree on scope, access, and payment in writing

Ask the surveyor for a written estimate that lists:

  • Type of survey
  • Deliverables (map, written description, digital files)
  • Timeline
  • Who will perform title/record research
  • Cost and payment terms

When multiple owners share the parcel, agree who pays and how costs are split. If you and your sibling disagree about cost-sharing, the surveyor may require payment up front from the party requesting the work.

5. Provide documents and access

Give the surveyor copies of recorded deeds, existing surveys, and any title information you have. The surveyor will also need access to the property to locate monuments or perform measurements. If a co-owner or neighbor denies access, note that next steps may involve legal remedies.

6. Receive, review, and record the survey

After completion, the surveyor will provide a map or plat and a written description of corners and boundaries. If you plan to rely on the survey for a sale, subdivision, or a construction project, record the survey or certificate with your county register of deeds and share copies with your title company, lender, or local zoning office as needed.

7. If a co-owner refuses to cooperate: partition and court remedies

If your sibling refuses to allow a survey or to agree on payment, you have options under Wisconsin law. Co-owners have the right to seek a court-ordered partition or other relief in circuit court. Wisconsin’s partition statutes cover actions to divide or sell jointly owned land and related process. See Wis. Stat. ch. 842 for partition proceedings (for example, Wis. Stat. § 842.01).

A court can appoint a surveyor or direct a partition by sale or division. Courts also address disputes about costs. Because litigation has risks and costs, try mediation or negotiation first.

Who pays for the survey?

Typically, the party who requests the survey arranges and pays for it. Co-owners often split costs by agreement. If a court becomes involved, it can allocate costs based on the circumstances.

Typical timeline and costs

Timelines vary: a simple boundary survey for a small residential lot might take a few days to a few weeks; a complex or rural parcel may take longer. Costs depend on acreage, terrain, title complexity, and the survey type. As a general ballpark, simple residential boundary surveys often range from several hundred to a few thousand dollars; ALTA surveys cost more. Ask several surveyors for written estimates.

When to consult an attorney

Talk with a real estate attorney if:

  • A co-owner refuses access or refuses to pay;
  • There is a persistent boundary dispute, encroachment, or conflicting deeds;
  • You plan to partition the property, subdivide, or sell and anticipate disagreement.

An attorney can explain your rights, represent you in mediation, and, if necessary, file a partition action under Wis. Stat. ch. 842.

Relevant Wisconsin law and resources

  • Partition of real estate — see Wis. Stat. ch. 842 (for example, § 842.01): the statute that governs partition actions in Wisconsin.
  • Wisconsin Department of Safety and Professional Services — Land surveyor licensing and information: dsps.wi.gov.
  • Your county register of deeds — records deeds, plats, and recorded surveys (search your county government website).

Helpful Hints

  • Get estimates from 2–3 licensed surveyors and compare written scopes, not just prices.
  • Ask the surveyor whether they will set or reset monuments and whether the price includes filing the survey with the county.
  • Keep communication written: emails or a short agreement describing who pays and what the survey will cover.
  • Collect deeds and prior surveys before meeting the surveyor to save time and cost.
  • Consider mediation before suing; it can be faster and cheaper than court.
  • If your project requires a survey for a lender or title insurance, confirm the exact survey standard the lender or insurer requires (ALTA vs. mortgage survey).
  • Record the survey with the register of deeds to preserve evidence of the boundary and protect future buyers.

Disclaimer: This article provides general information about Wisconsin law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Wisconsin 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.