Detailed Answer
In many North Carolina partition actions the property must be surveyed before the court can approve either a physical division (partition in kind) or a court-ordered sale. Paying a surveyor out of the eventual sale proceeds—rather than writing a check up front—can ease cash-flow for the co-owners. Below is a step-by-step approach that works in most counties.
1. Know the Legal Authority for Post-Closing Payment
The Clerk of Superior Court has power to tax the reasonable cost of a survey as a “cost of partition” and deduct it from the sale proceeds. See N.C. Gen. Stat. § 46A-80. A brief court order that (i) names the surveyor, (ii) approves the quoted fee, and (iii) authorizes payment from the commissioner’s trust account at closing will satisfy most surveyors and title companies.
2. Ask the Right Referrals First
- Partition Commissioners and Substitute Trustees. They routinely hire surveyors and usually keep a short list of firms willing to accept delayed payment.
- Closing/real-estate law offices. Call one or two local closing attorneys; they often know which surveyors accept trust-account checks at settlement.
- County GIS or Register of Deeds staff. These offices interact with surveyors daily and can provide contact names.
3. Present Your Request the Right Way
When you call a surveyor, explain three things up front:
- The project is a court-ordered partition under Chapter 46A.
- The Clerk’s order will guarantee payment out of sale proceeds held by the commissioner or closing attorney.
- You can furnish a copy of the signed order before field work begins.
Most reputable surveyors will agree once they see the court order—especially if the proposed closing is scheduled within a few months.
4. Obtain the Court Order Quickly
File a short motion with a proposed order authorizing the survey and allowing the fee to be paid from proceeds. The motion should cite § 46A-80 and, if applicable, § 46A-92 (sale proceeds). Once signed, send the order to the surveyor and keep a copy for closing.
5. Coordinate with the Closing Attorney or Commissioner
Make sure the commissioner or closing lawyer lists the survey fee on the closing statement so that funds are disbursed promptly after the deed records. This satisfies the surveyor and keeps the Clerk’s audit file complete.
Helpful Hints
- Provide any prior plats, deeds, or tax maps to cut survey time and cost.
- Ask whether the surveyor’s quote is fixed or hourly.
- Schedule the survey as soon as the order is signed; field crews book weeks in advance.
- Confirm that the survey will be recorded in the county where the land lies; unrecorded plats can delay closing.
- Keep all heirs informed—transparency reduces objections to the fee at final accounting.
Need Help Moving Your Partition Forward?
Locating a surveyor who defers payment is only one of many technical steps required in a North Carolina partition case. Our firm handles partitions statewide and routinely works with surveyors, commissioners, and Clerks to keep costs predictable. Call us today at (919) 341-7055 to schedule a consultation.
