1) Tecchnically, you can file a lawsuit without a survey, since the courts don't "prescreen" lawsuits to see if they are valid before accepting them, but without a survey, you will lose. With a survey, you might still lose, such as if he has a survey showing something else and the court thinks his survey is better; but without one there is no chance of winning, so get it done before you bother filing the lawsuit.2) No, even if you are right and he is wong, you'll still have to pay your own survey costs. In the American system, each party foots its own litigation expenses, including expert (which would include a survey) fees or expenses.