The court in its discretion, sua sponte, or on the motion of any interested party, must appoint a disinterested commissioner who, subject to direction by the court, shall report to the court in writing under oath as to whether or not the premises are subject to division without manifest prejudice to the rights of the parties and, if so, report how the division may be made. The court may authorize the employment of a surveyor to carry out or assist in the division of the premises. The fees and expenses of the commissioner and of the surveyor and the person making the sale shall be taxed as costs in the proceedings.
17-106.Appointment of commissioner and surveyor.
Article XVII. Partition · Last amended 2019 · Last verified July 20, 2026
In one sentenceRequires the court, acting on its own initiative or on the motion of an interested party, to appoint a disinterested commissioner to report in writing, under oath, on whether the land can be divided without unfairly harming any party and how, and authorizes hiring a surveyor, with both experts' fees taxed as case costs.
Full Text of 735 ILCS 5/17-106
Plain-English Summary
This section gives the court a tool for the divisibility question at the heart of the partition case: a disinterested commissioner. The court, acting on its own or on any interested party's motion, must appoint one when it exercises this discretion, and the commissioner reports in writing under oath on whether the premises can be divided without manifest prejudice to the parties, and if so, how that division might work.
The court may also authorize a surveyor to help carry out or assist in dividing the property, work that often goes hand in hand with the commissioner's report.
Both experts get paid for their trouble, along with the person who conducts any eventual sale — the section directs that their fees and expenses be taxed as costs in the proceeding rather than absorbed by one party alone.
Frequently Asked Questions
Who investigates whether jointly owned land can be physically divided?
A disinterested commissioner the court appoints, either on its own initiative or on the motion of an interested party.
What must the commissioner's report cover?
Whether the premises are subject to division without manifest prejudice to the parties, and if so, how the division may be made.
Can the court bring in a surveyor?
Yes. The court may authorize a surveyor to carry out or assist in dividing the premises.
Must the commissioner's report be sworn?
Yes. The commissioner reports to the court in writing, under oath.
Who pays the commissioner's and surveyor's fees?
Their fees and expenses, along with those of the person making any sale, are taxed as costs in the proceeding.
Amendment History
(Source: P.A. 101-520, eff. 8-23-19.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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