The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making a sale or division of property.
§ 873.130.Employment of Surveyor
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 873.130 lets the referee, with the court's approval under § 873.110, employ a surveyor and the necessary assistants to help carry out a sale or division of the property.
Full Text of § 873.130
Plain-English Summary
Accurate boundaries matter throughout a partition action, and this section lets the referee bring in that expertise. With the court's approval under § 873.110, the referee may employ a surveyor, along with the necessary assistants, to aid in making a sale or a division of the property.
A surveyor is often essential to the division track, where the referee has to allot portions to each party and, under § 873.240, generally divide along existing distinct lots or parcels rather than creating new lines. It can matter just as much on the sale side, where accurate legal descriptions support marketing and eventual conveyance.
Like every other contract this article covers, the referee's employment of a surveyor still runs through the court's approval process under § 873.110.
Frequently Asked Questions
Does the referee need court approval to hire a surveyor?
Yes, under § 873.110.
What can a surveyor be hired to do in a partition action?
Aid in making a sale or a division of the property, along with the necessary assistants.
Why would a surveyor be especially important to a division of property?
Accurate boundary work supports dividing the property along its existing distinct lots or parcels, as § 873.240 generally requires.
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: surveyor partition referee california