The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.
§ 873.060.Powers Generally
Title 10.5. Partition of Real and Personal Property · Chapter 4. Referees · Article 1. General Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.060 gives the referee general authority to perform any acts necessary to carry out the powers this title confers or that the court's order grants, without listing every specific action in advance.
Full Text of § 873.060
Plain-English Summary
Rather than trying to list every task a referee might need to perform, this section grants broad, general authority: the referee may do whatever is necessary to exercise the powers this title gives, or that the court's own order provides.
That general authority works alongside more specific provisions elsewhere in this title — the referee's power to petition for instructions under § 873.070 when a question arises, to designate roads under § 873.080, and to enter contracts with attorneys, surveyors, and auctioneers under §§ 873.110-873.160.
The authority isn't unlimited. It's tied to what this title and the court's order confer, so a referee who is unsure whether a particular act falls within that scope has the option of asking the court directly.
Frequently Asked Questions
Does the referee need court approval for every act taken during a partition?
Not necessarily. Section 873.060 authorizes the referee to perform acts necessary to exercise the powers conferred by this title or the court's order without a separate approval for each one, though specific acts like contracts require the approval process in §§ 873.110-873.160.
What if the referee isn't sure whether an action is within that authority?
The referee may petition the court for instructions under § 873.070.
Where does the referee's authority come from?
This title itself and any order the court has entered in the action.
Amendment History
Added by Stats. 1976, Ch. 73.
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: partition referee powers california