The Commissioners’ Report in Actual Partition Proceedings
Understanding the Commissioners’ Report
When co-owners seek an actual partition of real property in North Carolina, they file a petition under Chapter 46 of the North Carolina General Statutes. The court appoints three neutral commissioners. These commissioners inspect the land, assess its market value, and propose a division. Under G.S. 46-9, they must divide the property in kind if doing so does not reduce its value or create a cumbrous title. If division in kind proves impractical, they recommend a sale and distribution of proceeds.
After completing their work, commissioners prepare a written report and swear an oath of fairness and accuracy. They file this report with the clerk’s office as required by G.S. 46-10. The report must describe each tract, state its fair market value, note any liens or encumbrances, and outline the proposed allocation among the parties.
North Carolina law gives parties ten days after service of the report to file written exceptions under G.S. 46-11. The court then holds a hearing to review any objections. If the court sustains no exceptions or resolves them at the hearing, it confirms the commissioners’ report. Finally, the clerk enters a judgment of actual partition under G.S. 46-16. This judgment conveys fee simple title to each owner for the parcel awarded to them.
Key Points to Remember
- Appointment of Commissioners: The court names three impartial individuals to carry out the partition (G.S. 46-9).
- Division in Kind: Commissioners must divide property without sale unless it’s impractical (G.S. 46-9).
- Report Requirements: Commissioners file a sworn report detailing value, boundaries, encumbrances, and proposed allocation (G.S. 46-10).
- Exceptions Period: A ten-day window allows parties to object in writing to the report’s findings (G.S. 46-11).
- Judicial Hearing: The court reviews exceptions, hears arguments, and confirms or modifies the report.
- Final Judgment: The clerk issues a final judgment of partition, conveying title to each co-owner (G.S. 46-16).
- Conveyance of Title: Each party receives fee simple title to their respective parcel per the confirmed report and judgment.
If you face a dispute over partition or need guidance on commissioners’ reports in actual partition proceedings, turn to Pierce Law Group. Our experienced attorneys understand the complexities of North Carolina probate law and stand ready to guide you. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.
