Rule 96.15.Commissioners' Report.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 96.15
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rules 96.25, 96.26, 96.28 and 96.29.
Plain-English Summary
Rule 96.15 defines what the commissioners must produce after they carry out — or attempt — a physical division of the land. The rule requires a written report, and it spells out three possible outcomes the report may describe: a completed division with a description of the land and the specific shares allotted to each party; a finding that partition cannot be made at all without great prejudice to the owners; or a finding that partition can be made only of part of the land, leaving the rest unsuited to division.
Beyond describing the outcome, the report must also list the expenses the commissioners incurred in carrying out their work. This expense listing feeds directly into the compensation and cost-taxing provisions found in Rule 96.13, giving the court the information it needs to fix and tax those amounts as costs.
The rule also imposes a formality requirement borrowed from real estate conveyancing: the report must be proved or acknowledged the same way a deed must be proved or acknowledged to qualify for recording. That formal execution requirement underscores how seriously the report is treated — it functions almost like a title document, since it establishes exactly what land each party now owns. Once properly executed, the report is filed with the clerk of the court, setting up the next step under Rule 96.16, where the clerk notifies the parties and any exceptions to the report can be filed.
Frequently Asked Questions
What three things might a commissioners' report describe?
A completed division of the land with the shares allotted, a finding that partition cannot be made at all without great prejudice to the owners, or a finding that partition can be made of only part of the land.
Does the report need to include the commissioners' expenses?
Yes, the report must also list the expenses the commissioners incurred.
What formality must the report satisfy before it can be recorded?
It must be proved or acknowledged in the same manner required for deeds to qualify for recording.
Where is the report filed?
It is filed in the office of the clerk of the court.
What happens after the report is filed?
Under Rule 96.16, the clerk notifies the parties of the filing, and parties then have an opportunity to file exceptions to the report.
Why does the report need to be proved or acknowledged like a deed?
Because it functions similarly to a title document, establishing which land each party now holds after the division.