(a) In selling or dividing the property, the referee may, if it will be for the advantage of those interested, designate a portion of the property as a public or private way, road, or street. In connection therewith, the referee may also recommend the closure of any or all other roads on the property and allocation of the portion of the property occupied by such roads to the parties.
§ 873.080.Designation of Property As Public Or Private Way, Road Or Street; Closure of Roads On Property
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 873.080 lets the referee designate part of the property as a public or private road when doing so benefits the parties, recommend closing other roads, and, once the court confirms that plan, have the public portion become an open way, the private portion a private way for the parties, and the closed roads deemed abandoned.
Full Text of § 873.080
(b) Upon making such a designation and recommendation that is adequate to accommodate public and private needs, the referee shall report that fact to the court.
(c) Upon confirmation of the referee's report by the court, subject to any necessary action by the appropriate public entities:
(1) The portion of the property designated as a public way, road, or street shall not be allocated to any of the parties or sold but shall be an open and public way, road, or street.
(2) The property designated as a private way, road, or street shall be a private way for the use of the parties interested.
(3) The roads recommended to be closed shall be deemed abandoned upon the terms stated in the order of confirmation.
Plain-English Summary
Dividing or selling real property often means carving it into parcels that need road access. This section gives the referee authority to designate part of the property as a public or private way, road, or street when that designation will benefit the parties involved, and to recommend closing any other roads already on the property, allocating the land those roads occupied to the parties.
Once the referee makes an adequate designation and recommendation, it goes to the court as a report. Nothing takes effect until the court confirms it, and even then, confirmation is subject to whatever action the relevant public entities need to take.
Confirmation has three consequences. The portion designated as a public way isn't allocated to any party or sold — it becomes an open, public way. The portion designated as a private way becomes a private way for the use of the interested parties. And any roads recommended for closure are deemed abandoned on the terms stated in the confirmation order.
Frequently Asked Questions
Why would a referee designate part of the property as a road?
To provide access to the divided or sold parcels, when doing so will benefit the parties.
What happens once the court confirms the referee's road designation?
The public portion becomes an open public way, the private portion becomes a private way for the parties, and any roads recommended for closure are deemed abandoned.
Does designating land as a public road transfer it to one of the parties?
No. Land designated as a public way is not allocated to any party or sold.
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 road designation californiaclosing roads in partition action