Rule 769.Report of Commissioners

Last amended September 1, 1990 · Last verified June 28, 2026

In one sentenceRule 769 requires the commissioners to report the partition in writing and under oath — describing the property, the tracts, and the shares and the land in each — and to file the report, after which the clerk notifies the parties.

Full Text of Rule 769

Text sizeJump to: (a) (b) (c) (d) (e)

When the commissioners have completed the partition, they shall report the same in writing and under oath to the court, which report shall show:

(a) The property divided, describing the same.

(b) The several tracts or parcels into which the same was divided by them, describing each particularly.

(d) The allotment of each share.

(e) The report shall be accompanied by such field notes and maps as may be necessary to make the same intelligible. The clerk shall immediately mail written notice of the filing of the report to all parties.

End

Notes and Comments

Comment to 1990 change: Requirement added that clerk notify parties of the filing of the report.

Plain-English Summary

Rule 769 covers the commissioners' report. When the commissioners complete the partition, they report it in writing and under oath, describing the property divided, the several tracts into which it was divided, and the number of shares and the land that constitutes each share with its estimated value. The report is signed and filed with the court, and — under a 1990 amendment — the clerk must notify the parties of its filing so they can review it.

Frequently Asked Questions

What is a commissioners' report in a Texas partition?

Their report, made in writing and under oath, describing how they divided the property and the shares (Rule 769); the clerk notifies the parties when it is filed.

What must a Texas partition commissioners' report include?

A description of the property and the tracts it was divided into, the number of shares and the estimated value of each, the allotment of each share, and any field notes or maps needed to make the report clear (Rule 769).

How do parties learn a commissioners' report has been filed?

The clerk mails written notice of the filing to all parties, a requirement Rule 769 added in 1990.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 769), 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: report of commissioners partitioncommissioners report requirementsfield notes and maps partition reportclerk mails notice of report filingTRCP 769