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Code of Civil Procedure § 873.130 (CCP) – Surveyor (Partition Actions)


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.

Contact an Experienced Partition Attorney in California

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!

Attorney Colleen Sparks
About Colleen Talkov

Colleen Talkov is a Partition Attorney at Talkov Law in California. She can be reached at (844) 4-TALKOV (825568) or colleen@talkovlaw.com.

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