Short answer. No. The commissioners must file a full report, parties get ten days to object after being served copies, and no partition, assignment, or sale the commissioners conducted passes title or binds the parties until the court accepts the report and renders judgment on it.
What the law says
The commissioners shall make a full and accurate report to the court of all their proceedings as to the partition, or the assignment of real estate to one of the parties, or the sale of the same. Upon the filing of such report, the clerk of court shall serve copies thereof on all the interested parties with notice that they are allowed ten days within which to file objections to the findings of the report, if they so desire. No proceeding had before or conducted by the commissioners shall pass the title to the property or bind the parties until the court shall have accepted the report of the commissioners and rendered judgment thereon.
Rule 69, Section 6 — Report of commissioners; proceedings not binding until confirmed. Read the full provision →
A full accounting is required first
Whatever the commissioners did — whether it was the actual partition, the assignment of the real estate to one of the parties, or its sale — they must make a full and accurate report to the court covering all their proceedings before anything is treated as final. The report is the record the court relies on to check that the commissioners followed their mandate, valued each share fairly, and did not exceed the authority the order of reference gave them. Until that report reaches the court, the commissioners' work remains a proposal, not a completed partition. The court will not act on undocumented conclusions the commissioners reached along the way; only the written report is what gets tested against any objections and used as the basis for judgment.
A ten-day window to object
Once that report is filed, the clerk of court serves copies on all the interested parties, together with notice that they have ten days within which to file objections to the report's findings if they wish to do so, giving every party a formal chance to challenge what the commissioners did. A party who believes the commissioners misvalued a parcel, misapplied the order of reference, or otherwise erred can use this window to place those objections on record before the court acts, rather than raising them for the first time on appeal. A party who lets the ten days lapse without objecting is treated as having no quarrel with the report's findings once the court takes the matter up.
Nothing is binding until the court acts
Crucially, no proceeding conducted by the commissioners — not the partition, not the assignment, not the sale — passes title to the property or binds the parties until the court has accepted the commissioners' report and rendered judgment on it. The commissioners' work is preparatory, not self-executing. This means a party cannot rely on the report alone to claim a specific portion as their own, transfer it, or exclude a co-owner from it; only the court's judgment on the report has that legal effect. A commissioner's on-the-ground actions, such as marking boundary lines, remain provisional recommendations until the court's judgment issues.
Related provisions
- Rule 69, Section 6 — Report of commissioners; proceedings not binding until confirmed
- Rule 69, Section 4 — Oath and duties of commissioners
- Rule 69, Section 5 — Assignment or sale of real estate by commissioners
- Rule 69, Section 7 — Action of the court upon commissioners' report