California Code of Civil Procedure 873.130 is the California partition statute that explains the role of a surveyor hired by the referee in a partition action in California. The statute provides that:
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.
California Code of Civil Procedure § 873.130
In other words, Section 873.130 permits the court to grant the referee permission to employ a surveyor, but the Law Review Commission Comment to this code section notes the substantial expense involved as a reason for requiring court approval. See Ralston v. Dumouchel (Cal. Ct. App., Sept. 30, 2014) Case No. G049241.
Law Revision Commission Comments to California Code of Civil Procedure § 873.130
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.130 as follows:
Section 873.130 continues a portion of former Section 764 with the added requirement for court approval. Court approval is required since the amounts involved may be substantial and means of payment may present a problem.
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If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our knowledgeable partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15-minute consultation with an experienced partition attorney at Talkov Law, call (844) 4-TALKOV (825568), email us at info(at)talkovlaw.com, or fill out a contact form online. Contact Talkov Law today to find out how you can pay nothing today and have your legal fees paid from the proceeds of sale of your property!
