The Twain Harte Homeowners Association brought suit to quiet ...

[lunatika]

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]

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.

[lunatika]

Thank you

[JYan]

Happy to help you