Detailed Answer
Short version: You can arrange a boundary or land survey of property you co-own with a sibling by locating an existing survey, agreeing with the co-owner on the scope and who hires and pays the surveyor, and hiring a licensed Wyoming land surveyor. If you cannot agree, Wyoming law provides remedies (including court-ordered partition) that may require a survey as part of resolving the dispute. This article explains the practical steps, common issues, and legal options under Wyoming law.
1) Confirm ownership and existing information
Start by gathering documents: the deed(s), title insurance policy (if any), previous surveys or plats, the property description in the deed (metes and bounds or lot/plat references), and any easements or recorded agreements. Check the county recorder/assessor and local GIS maps for recorded plats or prior survey maps. These materials help a surveyor estimate cost and scope.
2) Talk with your sibling and agree on basic terms
A surveyor needs access to the property and permission to set monuments or open fences. Agree in writing on who will hire and pay the surveyor, whether costs are shared equally, and whether both owners will receive the survey report. If you both sign a simple authorization letter for the surveyor, it avoids delays.
3) Hire a licensed Wyoming land surveyor
Use a licensed surveyor familiar with the county where the land lies. A licensed surveyor will:
- Research title and historical records
- Locate and interpret deed calls and any existing monuments
- Perform field work and place new monuments if needed
- Prepare a written survey report and a recordable plat or drawing
Ask the surveyor for a written estimate that explains the scope (boundary, topographic, or ALTA/NSPS if needed), timeline, and deliverables. Request proof of current license and liability insurance.
4) Understand cost and time
Costs vary with property size, terrain, record complexity, and whether monuments must be recovered or set. A simple boundary survey on a small lot may take days to weeks. A rural property with long legal descriptions, old corners, or access issues can take longer and cost more. Agreeing to share costs in advance prevents disputes.
5) If you and your sibling disagree about boundaries
Common disagreements include conflicting recollections of older stakes, improvements that cross an old line, or conflicting deed descriptions. Options include:
- Hire a neutral surveyor agreed to by both co-owners to produce an impartial boundary determination.
- Have each party hire their own surveyor and try to resolve differences through discussion or mediation.
- If talks fail, seek a legal remedy. Wyoming courts allow partition actions and other civil remedies to resolve co-ownership disputes; a court can order a survey or appoint a referee to determine lines as part of a partition case. For more on Wyoming statutes generally, see the Wyoming Statutes pages: https://wyoleg.gov/statutes.
6) Recording the survey and boundary agreements
When the surveyor prepares a recordable plat or a written boundary agreement, record it with the county clerk/recorder where the property is located. A signed boundary line agreement (if you and your sibling agree and sign) can be recorded so the new boundary is public record. Recording limits later surprises for future buyers or lenders.
7) If you need a partition action
If co-owners cannot agree on use, boundaries, or sale, either owner can file a partition action in Wyoming district court seeking physical division (if feasible) or sale and division of proceeds. A partition case often involves surveys and title research. Courts sometimes order neutral surveys and may appoint someone to carry out the boundary work. For details about statutes and procedure, consult the Wyoming statutes and local court rules: https://wyoleg.gov/statutes.
8) Practical tips for common scenarios
- If an older structure crosses a disputed line, document its history and consider a professional boundary-determination survey early.
- If you plan to refinance, sell, or mortgage the property, lenders usually require a recent survey or an ALTA/NSPS survey, so plan accordingly.
- If monuments are lost, be prepared for the surveyor to spend extra time researching records and performing measurement work to re-establish corners.
9) Where to find a surveyor and other local help
Locate a Wyoming-licensed land surveyor through local referrals, county planning or assessor offices, or professional directories. The Wyoming Board that oversees land surveyor licensure is a state resource for verifying licenses; check state government pages for contact information and licensing verification. Your county recorder or assessor can point you to recorded plats and may have a list of local professionals or typical fees.
10) When to consult an attorney
Consider an attorney when:
- Co-owners cannot agree on hiring or paying a surveyor.
- There is a dispute about title, easements, or adverse possession claims.
- A partition action or sale is likely.
An attorney can explain court procedures, draft a boundary agreement, or file a partition action if necessary.
Disclaimer: This article is educational and not legal advice. For advice about your specific situation, consult a licensed Wyoming attorney or a licensed Wyoming land surveyor.
Helpful Hints
- Start by searching the county recorder/assessor and asking the county for any recorded plats or prior surveys.
- Get a written scope and fee estimate from a licensed surveyor before work begins.
- Put any agreement with your sibling about cost-sharing and access in writing.
- Ask the surveyor whether an ALTA/NSPS survey is needed (often required for lenders or complex title matters).
- If you suspect a title problem, pair the survey with a title search or consult a real estate attorney early.
- Record the final survey or any signed boundary agreement with the county recorder to protect both owners.
- If you can’t agree, consider mediation before filing court actions; it’s usually faster and cheaper.
- Verify the surveyor’s Wyoming license online before hiring; ask for references and recent work in your county.