(a) The referee shall file with the court a report of the referee's proceedings and give written notice of filing to each party who has appeared in the action.
§ 873.280.Report of Referee's Proceedings, Notice of Filing
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 873.280 requires the referee to file a report describing how the division was carried out, what property each party received, any recommended owelty payment, and any recommendation on opening or closing roads and easements, and to notify every party who has appeared in the action that the report was filed.
Full Text of § 873.280
(b) The report shall include all of the following:
(1) A specification of the manner in which the referee has executed the referee's trust.
(2) A description of the property divided and of the share allotted to each party, along with any recommendation as to owelty.
(3) Any recommendation as to opening and closing public and private ways, roads, streets, and easements.
Plain-English Summary
Once the referee finishes dividing the property, this section requires an accounting to the court. The referee must file a report of the referee's proceedings and give written notice of the filing to each party who has appeared in the action.
Subdivision (b) sets out what the report must cover: a specification of how the referee carried out the referee's trust, a description of the property divided and the share allotted to each party along with any recommendation as to owelty, and any recommendation about opening or closing public and private ways, roads, streets, and easements.
That last item connects back to § 873.080, which lets the referee designate roads and recommend closures as part of the division or sale process — those recommendations get folded into this report. The report itself sets up the next step: § 873.290 governs the motion to confirm, modify, or set aside it.
Frequently Asked Questions
What must the referee's report on a completed division include?
How the referee carried out the division, a description of the property and each party's allotted share along with any recommended owelty, and any recommendation about roads, streets, or easements.
Who gets notified that the report was filed?
Every party who has appeared in the action.
What happens after the report is filed?
Any party may move under § 873.290 to confirm, modify, or set aside the report.
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 report partition division california