« previous next »

Author Question: The Twain Harte Homeowners Association brought suit to quiet title in a recreational easement they ... (Read 30 times)

lunatika

  • Hero Member
  • *****
  • Posts: 548
on: Jun 24, 2018
The Twain Harte Homeowners Association brought suit to quiet title in a recreational easement they alleged they held in the land of Earl Patterson. The easement provides for recreational use and enjoyment for the benefit of the Twain Harte Tract. Patterson says the description of the dominant estate is inadequate because he remains uncertain as to who actually holds the easement. He maintains the grant of the easement is void because of an invalid description. The Association maintains that the description is sufficient to indicate they, as homeowners, are the owners and beneficiaries. Who is correct?

Question 2

Barnes agrees with Morgan to enter into the management of a new subdivision of residential housing. Morgan appoints Barnes as his manager for the duration of the development program. During the course of the construction, Barnes decides to use funds specified for the subdivision for an office space project that Barnes alone has been interested in completing. Morgan is very angry on learning of Barnes' actions and terminates the agency. Barnes insists that the agency cannot be terminated in this manner. Is Barnes correct?


JYan

  • Sr. Member
  • ****
  • Posts: 331
Reply #1 on: Jun 24, 2018
Answer to Question 1

The court held that the description as Twain Harte Tract was a descriptive name and sufficient identification of the real property for conveyance purposes. This one is, however, debatable, because there is no type of other reference - it would all depend on how well this popular name description is known and if it's clear. Twain Harte Homeowners Association v. Patterson, 239 Cal. Rptr. 316 (1987).

Answer to Question 2

No. Morgan hired Barnes to manage a new subdivision. Barnes has been authorized to transact all affairs in connection with the subdivision. As such, Barnes is a general agent. In most cases, either party to an agency relationship has the power to terminate that relationship at any time. Therefore, Morgan has the power to terminate the agency. However, there is a possibility of liability for damages if the termination was not accomplished in a lawful manner. Given the fact that Barnes has been engaged in misconduct, the discharge of Barnes will be without liability. Care should be taken to ensure that third parties are given notice of the agency termination.


Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question

lunatika

  • Hero Member
  • *****
  • Posts: 548
Reply #2 on: Jun 24, 2018
Thank you :)


JYan

  • Sr. Member
  • ****
  • Posts: 331
Reply #3 on: Jun 24, 2018
Happy to help you


« previous next »
 

Did you know?

There are approximately 3 million unintended pregnancies in the United States each year.

Did you know?

More than 30% of American adults, and about 12% of children utilize health care approaches that were developed outside of conventional medicine.

Did you know?

The top 10 most important tips that will help you grow old gracefully include (1) quit smoking, (2) keep your weight down, (3) take supplements, (4) skip a meal each day or fast 1 day per week, (5) get a pet, (6) get medical help for chronic pain, (7) walk regularly, (8) reduce arguments, (9) put live plants in your living space, and (10) do some weight training.

Did you know?

Pope Sylvester II tried to introduce Arabic numbers into Europe between the years 999 and 1003, but their use did not catch on for a few more centuries, and Roman numerals continued to be the primary number system.

Did you know?

In the United States, congenital cytomegalovirus causes one child to become disabled almost every hour. CMV is the leading preventable viral cause of development disability in newborns. These disabilities include hearing or vision loss, and cerebral palsy.

Appendectomy. The appendix and cecum are brought through the incision to the surface of the abdomen. Appendectomy. The appendix and cecum are brought through the incision to the surface of the abdomen.
At breakfast, a middle-class husband sits absorbed in the newspaper and the public affairs of the da At breakfast, a middle-class husband sits absorbed in the newspaper and the public affairs of the da
Maxine Williams was the founder and first president of the AAMA. Printed with permission of American Maxine Williams was the founder and first president of the AAMA. Printed with permission of American
Children with attention deficit disorder with hyperactivity (ADHD) diagnoses typically need a quiet, ... Children with attention deficit disorder with hyperactivity (ADHD) diagnoses typically need a quiet, ...
Letterhead stationery sizes are varied to suit the needs of the sender. Envelopes are sized to match ... Letterhead stationery sizes are varied to suit the needs of the sender. Envelopes are sized to match ...
PMDD Diagnostic Criteria from the American Psychiatric Association PMDD Diagnostic Criteria from the American Psychiatric Association
Video: Hormones and the menstrual cycle Animation

For a complete list of videos, visit our video library