Short Answer

In North Carolina, you can hire a licensed surveyor to map co-owned land with your permission as a co-owner. If your sibling won’t cooperate or blocks access, you can file a partition special proceeding and ask the court to order a survey and site access; the court can appoint or authorize a surveyor and later allocate the cost between the co-owners.

How North Carolina Law Applies

Co-owners (tenants in common) each have the right to use and enter the whole property, so one co-owner can typically authorize a surveyor to access and survey the land. When a co-owner refuses to cooperate or the property needs to be divided fairly, you can file a partition case with the Clerk of Superior Court. Partition cases are special proceedings before the clerk, and the court can order a survey, authorize access for field work, and later split the expense among the co-owners as part of the case costs. If a physical split (partition in kind) is feasible, commissioners appointed by the court often need a plat to make fair divisions and, if necessary, recommend cash adjustments (owelty) so shares are equal in value. If a sale is more appropriate, a survey may still be ordered to clear up boundaries or aid the sale.

Example: You and your sibling inherited 12 acres without clear boundary markers. A surveyor you hire can work with your deed and prior plats to mark the perimeter. If your sibling blocks access or the lines are unclear, a partition filing lets the court order access, appoint or authorize a survey, and ensure costs are allocated fairly when the case is resolved.

Key Requirements

• Engage a North Carolina Professional Land Surveyor. Provide copies of the deed(s), tax map, and any prior plats. Define the scope (boundary survey, marking corners, or a subdividing plat) and understand local subdivision rules if you plan to create separate lots.
• Access and cooperation. As a co-owner, you can ordinarily grant access for a survey. If an occupant blocks access or disputes arise, seek a court order in a partition case. The court may appoint or authorize a surveyor and treat the fee as a case cost to be shared at the end.
• Partition options. Partition in kind (physical division) typically requires a plat; court‑appointed commissioners use it to divide land fairly and may recommend owelty to balance values. Partition by sale may still benefit from a survey for marketing, title, or addressing encroachments.
• If an estate is still open. When co-ownership comes from a recent death and an estate remains active, the personal representative may need to be involved. In some circumstances, the personal representative can include a partition request if selling an undivided interest is necessary to administer the estate. Otherwise, heirs can pursue partition directly.

Process & Timing

1. Gather records: deed(s), prior plats, tax maps, and any surveys of adjacent tracts. Identify your goals (confirm boundaries, split the land, or prepare for a sale).
2. Try a voluntary survey: contact a licensed surveyor, agree on scope and fee, and coordinate access. Many surveys finish in a few weeks once field work begins.
3. If cooperation breaks down: file a partition special proceeding with the Clerk of Superior Court in the county where the land lies. Serve all co-owners. Ask for an order authorizing a survey and site access. The court can appoint or approve a surveyor, set a reasonable fee, and allow the cost to be taxed in the case.
4. Partition in kind: the clerk may appoint three disinterested commissioners. They typically rely on a survey/plat to propose fair divisions and any owelty. They submit a report and plat; parties can object, after which the court enters a final order.
5. Partition by sale: if a physical split is impractical, the court can order a sale. A survey may still be ordered to address title or encroachment issues. Net proceeds are divided by ownership shares, subject to adjustments the court approves.
6. Mediation: the clerk can order mediation to help the parties agree on survey scope, cost sharing, and division terms, often saving time and money.
7. Timelines: a simple voluntary survey may take 2–8 weeks. A contested partition with a court‑ordered survey can run several months or longer, depending on complexity, transfers to superior court for contested issues, and local calendars.

What the Statutes Say

• N.C. Gen. Stat. § 46A‑1: Confirms that partition is a special proceeding, typically filed and heard before the Clerk of Superior Court.
• N.C. Gen. Stat. § 1‑408.1: Authorizes the court to order a survey, appoint a surveyor, set a reasonable fee, and tax that fee as part of the case costs when a survey is needed to resolve a property matter.
• N.C. Gen. Stat. § 7A‑38.3B: Allows the clerk to order mediation in matters within the clerk’s jurisdiction, including partition cases, to facilitate efficient resolution.
• N.C. Gen. Stat. § 1‑301.2: Provides for transfer of a special proceeding to superior court when issues of fact, equitable defenses, or requests for equitable relief require it.
• N.C. Gen. Stat. § 28A‑17‑3: In an estate context, permits a personal representative’s petition to include a request for partition when property to be sold includes an undivided interest (relevant if co-ownership arose through inheritance and the estate remains active).

Exceptions & Pitfalls

• Access problems: Do not force entry or remove locks. If a co-owner or occupant blocks access, seek a court order authorizing survey access instead.
• Cost allocation: Expect to advance survey costs up front. In a partition, the court can later allocate survey expenses between co-owners as part of case costs or from sale proceeds.
• Physical division vs. sale: Not every tract can be fairly split. If a partition in kind would cause substantial prejudice, the court may order a sale instead. Plan your survey scope accordingly.
• Boundary disputes: A genuine boundary/title dispute can slow the case and may be sent to superior court for resolution, adding time and expense.
• Estate still open: If the property was inherited and the estate is active, involve the personal representative early; certain sales or partitions may need to run through the estate process.
• Local subdivision rules: Creating new lots often triggers local subdivision ordinances. Coordinate with your surveyor to produce a recordable plat that meets county/city standards.

Helpful Hints

• Share deeds, prior plats, and title reports with your surveyor to reduce time and cost.
• Ask for an estimate and timeline up front; survey cost depends on acreage, terrain, and record quality.
• Propose a simple written agreement with your sibling: scope of survey, access dates, and cost split.
• If talks stall, a brief demand letter requesting access and offering cost sharing can set the stage for a court order if needed.
• Keep a paper trail of requests, refusals, and costs; it helps the court allocate expenses later.

Talk to a Partition Action Attorney

If you’re dealing with a co-owner who won’t cooperate or you need a court-ordered survey to move forward, 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.