Question

Nine (Trespass)

A California landowner was declared insane and committed to a state mental hospital 30 years ago. Five years after that, a trespasser entered onto the landowner's 200-acre parcel of land, which was enclosed by a barbed wire fence. A solid wood fence ran through the middle of the land, separating the property into approximately equal east and west parcels. The trespasser began grazing cattle on the west parcel; no one else has been in possession of any other part of the 200 acres. Other than grazing cattle on the land, the trespasser made no other improvements except for occasionally parking a RV trailer on the parcel when he needed to stay overnight on limited occasions to tend the cattle. The period of time to acquire title by adverse possession is 5 years in California. Thirteen years ago, the landowner was declared competent and released from the hospital, but he did nothing until this year, when he brought an action to eject the trespasser. The trespasser counterclaimed to quiet title to the 200 acre parcel in his name.

In this action, will the trespasser likely prevail, and if so, to what? (100 points)

Answer 1