Rule 764.May Appoint Surveyor
Last verified June 28, 2026
In one sentenceRule 764 lets the court, should it be deemed necessary, appoint a surveyor to assist the commissioners in making the partition of the real estate.
Full Text of Rule 764
The court may, should it be deemed necessary, appoint a surveyor to assist the commissioners in making the partition, in which case the writ of partition shall name such surveyor, and shall be served upon him by reading the same to him.
End
Plain-English Summary
Rule 764 adds technical help. The court may, should it be deemed necessary, appoint a surveyor to assist the commissioners in making the partition — surveying the land into the tracts the commissioners need to divide it equitably among the owners.
Frequently Asked Questions
Can a surveyor help with a Texas partition?
Yes. Rule 764 lets the court appoint one to assist the commissioners.
How is a court-appointed surveyor notified under Rule 764?
The writ of partition names the surveyor, and it is served on him the same way as the commissioners — by reading it to him.
Is appointing a surveyor required in a Texas partition?
No. Rule 764 leaves it to the court's discretion, to be used should it be deemed necessary.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 764), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: may appoint surveyor partitioncourt-appointed surveyor partitionsurveyor named in partition writsurveying land for partition TexasTRCP 764