The referee’s expenses, including those of a surveyor and assistants, shall be subject to the approval of the court and, with the compensation allowed by the court for the referee’s services, shall be paid by the plaintiff and allowed as part of the costs to be taxed.
842.09.Referee’s expenses.
Ch. 842: Partition of Interest in Real Property · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 842.09 makes the plaintiff responsible for paying the referee’s court-approved expenses, including a surveyor’s and assistants’ costs, along with the referee’s compensation, with those amounts then allowed as part of the taxed costs of the case.
Full Text of Section 842.09
Plain-English Summary
Running a partition referee’s investigation costs money, and section 842.09 says who pays it up front. The referee’s expenses, including those of a surveyor and any assistants, are subject to the court’s approval, and the plaintiff pays them along with the compensation the court allows for the referee’s services.
That payment is not the last word on who ultimately bears the expense. The section allows the referee’s expenses and compensation to be counted as part of the costs of the action to be taxed, which folds them into the broader cost-allocation rules the chapter sets out elsewhere for the case as a whole.
Frequently Asked Questions
Who pays the referee’s expenses in a partition case?
The plaintiff, subject to the court’s approval of those expenses under section 842.09.
Does that include a surveyor the referee hires?
Yes. Section 842.09 specifically covers the referee’s expenses, including those of a surveyor and assistants.
Who decides how much the referee and surveyor are paid?
The court. Both the expenses and the referee’s compensation are subject to the court’s approval.
Does the plaintiff bear these costs permanently, or can they be recovered later?
They are allowed as part of the costs of the action to be taxed, so they feed into the case’s overall cost allocation rather than resting on the plaintiff alone.
Is the referee’s compensation set separately from the expenses?
Section 842.09 treats them together — the referee’s expenses and the compensation the court allows for the referee’s services are both paid by the plaintiff and taxed as costs.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 842.09; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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