The Court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a Judge thereof may, on motion, upon notice by either party for good cause shown, grant an order allowing to such party the right to enter upon the property and make survey and measurement thereof, and of any tunnels, shafts, or drifts therein, for the purpose of the action, even though entry for such purpose has to be made through other lands belonging to parties to the action.
§ 742.Order Allowing Right to Enter and Make Survey Or Measurement
Title 10. Actions In Particular Cases · Chapter 3. Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property · Last amended 1880 · Last verified July 28, 2026
In one sentenceSection 742 lets the court, or a judge, grant a party in a pending real property action an order permitting entry onto the property to survey and measure it and any tunnels, shafts, or drifts, on notice and a showing of good cause, even if that requires crossing other land belonging to a party.
Full Text of § 742
Plain-English Summary
Litigating over real property or damage to it often requires accurate measurements that can only be obtained by physically entering the land. Section 742 lets the court hearing such an action, or a judge of that court, grant an order allowing a party to enter the property and conduct a survey and measurement, on motion, upon notice to the other side, and for good cause shown.
The order can reach underground features too — tunnels, shafts, or drifts on the property — and it can authorize crossing other land belonging to parties to the action if that's the only way to reach the property being surveyed.
Frequently Asked Questions
Can a party get permission to physically enter disputed property to measure it?
Yes. Section 742 lets the court, or a judge, grant an order allowing entry to survey and measure the property, on notice and a showing of good cause.
Does this order cover underground features like tunnels or shafts?
Yes, the order can extend to surveying and measuring tunnels, shafts, or drifts on the property.
What if reaching the property requires crossing someone else's land?
The order can permit entry through other land belonging to parties to the action if necessary to reach the property being surveyed.
Amendment History
Amended by Code Amendments 1880, Ch. 22.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: order to survey property california lawsuitentry to measure real property litigation