Short Answer

In a North Carolina partition case, the clerk of superior court can order a property survey and decide who pays for it. Often, the court requires one party to advance the survey cost, but the fee is ultimately treated as a case cost and can be split among the co-owners (usually in proportion to their ownership shares) or assigned to a specific party if fairness calls for it.

How North Carolina Law Applies

Partition proceedings happen when co-owners (tenants in common) cannot agree on dividing or selling real estate. North Carolina treats partition as a special proceeding before the clerk of superior court. If a survey is needed to create legal descriptions for an in-kind division, confirm boundaries, or support a sale, the clerk can order one, appoint the surveyor, and set a reasonable fee. That survey fee is considered part of the case costs, which the clerk can apportion among the parties in a fair way at the end of the case. In practice, the party asking for the survey may be ordered to pay upfront, with the court reallocating the expense later based on outcomes and fairness.

Example: If three siblings co-own land and one insists on a survey to try for an in-kind split, the clerk may order a survey. The clerk might have that sibling advance the fee now, but later split the survey cost among all three if the survey benefited the division—or leave the cost on that sibling if the survey was unnecessary or served only that sibling’s position.

Key Requirements

• Survey authority: In partition and other special proceedings, the court can order a survey, appoint the surveyor, and set the fee. That fee is treated as a cost of the proceeding and can be taxed accordingly.
• Apportionment of costs: The clerk has discretion to divide costs—including a court-ordered survey—among the parties. Apportionment often follows ownership percentages, but the clerk can deviate if fairness requires it (for example, where one party’s conduct causes unnecessary expense).
• Commissioners and practical need: If the clerk orders partition in kind, appointed commissioners typically rely on a survey to create accurate tracts and legal descriptions. If a sale is ordered because the land cannot be fairly divided, a survey may be unnecessary or more limited.
• Heirs property considerations: When the property qualifies as “heirs property,” the court follows added steps (like valuation and buyout opportunities). Surveys may still be ordered when needed for an in-kind division, with costs later allocated by the court.

Process & Timing

1. File the partition: A co-owner petitions the clerk for partition. The case proceeds as a special proceeding.
2. Early case management: The clerk determines whether an in-kind division or sale is appropriate. If an in-kind division may work, the clerk can appoint commissioners and, if needed, order a survey.
3. Survey order: The clerk may appoint a surveyor, define the scope (e.g., boundary, topographic, subdivision-level plat), and set a reasonable fee. The clerk can direct who advances the cost.
4. Commissioners’ work: Commissioners use the survey to propose lots, account for access and physical features, and recommend owelty (cash payments) if needed to equalize values.
5. Cost allocation at the end: In the final order, the clerk taxes costs of the proceeding—including the survey—against the parties, typically in proportion to ownership or as fairness requires. Any party who advanced funds may be reimbursed according to the allocation.

What the Statutes Say

• North Carolina General Statutes Chapter 46A, Section 46A-1: Confirms partition is a special proceeding before the clerk. This matters because special-proceeding tools (like court-ordered surveys) are available.
• North Carolina General Statutes § 1-408.1: Allows the court in a special proceeding to order a survey, appoint the surveyor, set a reasonable fee, and tax that fee as part of the costs. Clerks rely on this authority in partition cases to manage survey expenses.

Exceptions & Pitfalls

• Ordering a survey too soon: If sale (not in-kind division) is likely, a full boundary or subdivision-level survey may be unnecessary. Ask the clerk before you incur private survey costs—you may not be reimbursed if the court did not order it.
• One-sided surveys: A party who unilaterally hires a surveyor without court oversight risks paying that cost if the work isn’t used or is duplicative.
• Access and legal description issues: Surveys should address access, easements, and usable lot lines. If those are missed, commissioners may need additional work, raising costs.
• Heirs property steps: If the property qualifies as heirs property, the court must follow added procedures. That can affect when and what level of survey the clerk will order, and how costs are ultimately shared.

Helpful Hints

• Before paying for any survey, request a court order that defines the scope and sets who advances the fee.
• Provide the clerk and commissioners with any prior plats, deeds, or boundary line agreements to reduce extra survey time.
• If you think a sale—not an in-kind split—is inevitable, tell the court early to avoid unnecessary survey expense.
• Budget for related costs (e.g., appraisals, potential owelty) that often accompany a partition, especially in heirs property cases.

Talk to a Partition Action Attorney

If you’re facing a partition and disagree about who should fund a survey, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.