Subject to the limitations of this article, the court may:
§ 873.110.Powers of Court
Title 10.5. Partition of Real and Personal Property · Chapter 4. Referees · Article 2. Contracts of Referee · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.110 lets the court authorize or approve the referee's contracts with surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and other professionals, decide whether to pay or reject claims made under those contracts, and set when any lien on those claims begins.
Full Text of § 873.110
(a) Authorize or approve contracts of the referee for the services and expenses of surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and others.
(b) Allow and direct payment of or reject claims under such contracts.
(c) Provide for the date of commencement of any lien provided by law or contract for such claims.
Plain-English Summary
Article 2 puts the court in the middle of the referee's dealings with outside professionals. This section, subject to the limitations spelled out elsewhere in the article, lets the court authorize or approve the referee's contracts for the services and expenses of surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and others whose help the referee needs.
The court's role doesn't end at approval. It also decides whether to allow and direct payment of claims made under those contracts, or to reject them, and it can set the date when any lien allowed by law or by contract on those claims begins to run.
The sections that follow apply this framework to specific professionals: attorneys under § 873.120, surveyors under § 873.130, and auctioneers under § 873.140, each requiring the approval this section describes.
Frequently Asked Questions
Does the referee need court approval to hire outside professionals?
Yes, under this article the court authorizes or approves the referee's contracts for services like surveying, appraisal, legal work, and auctioneering.
What kinds of professionals can the referee retain with court approval?
Surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and others whose services the referee needs.
Can the court reject a claim for payment under one of these contracts?
Yes, § 873.110(b) lets the court allow and direct payment or reject claims under the referee's contracts.
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: referee contracts partition california