Where real property consists of more than one distinct lot or parcel, the property shall be divided by such lots or parcels without other internal division to the extent that it can be done without material injury to the rights of the parties.
§ 873.240.Property Consisting of More Than One Distinct Lot Or Parcel
Title 10.5. Partition of Real and Personal Property · Chapter 5. Division of the Property · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.240 directs the referee, to the extent practical without materially injuring the parties' rights, to divide real property made up of more than one distinct lot or parcel along those existing lot lines rather than carving up the lots further.
Full Text of § 873.240
Plain-English Summary
When the property to be divided already consists of more than one distinct lot or parcel, this section favors dividing along those existing lines. To the extent it can be done without material injury to the parties' rights, the property is divided by the existing lots or parcels, without further internal division.
Keeping existing boundaries intact is simpler and avoids creating new, potentially irregular parcels that could be harder to use or sell. It also fits naturally with the referee's authority to employ a surveyor under § 873.130 when accurate re-mapping of existing lots is needed.
This preference for existing boundaries has a counterpart on the sale side of this title: § 873.620 similarly favors selling distinct lots or parcels of real property separately, unless doing so would materially prejudice the parties' interests.
Frequently Asked Questions
If the property has several existing distinct parcels, must the referee divide along those lines?
Yes, to the extent it can be done without material injury to the parties' rights.
Does the referee have to further subdivide the individual parcels?
Not unless dividing along the existing lot lines can't achieve a fair result without material injury.
Is there a similar preference in the sale chapter of this title?
Yes. Section 873.620 favors selling distinct lots or parcels of real property separately, absent material prejudice to the parties.
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: distinct parcels partition division california