Mowed a section of land on neighbors property

[tradosaurus]

Moved to our property in May of 2017. In 2019 my wife and I decided to cut a walking trail around our 45 acres of woods.
I started the trail on what I thought was my side of the neighbors barbed wire fence.
After looking at my survey a year later I noticed that my neighbors property extends 10 ft on the other side of their barbed wire fence toward my property.
So now that part of the walking trail is on their property and I keep it mowed and limbs off of the barbed wire fence. Nothing has been said and I doubt they even know. I'm just not saying anything as it hasn't been an issue.
The only future problem I could see is that I could have acquired 10 feet more of property through adverse possession.

 

[ruffdog]

Either ask the land owner if they give permission for you to trespass or cut a new trail on your own land. I always treat my neighbors like I would want to be treated.

 

[steve tym]

Adverse possession takes 20 years and I believe the neighbor needs to know you are using the land and not argue the property line.

 

[EddieWalker]

Pretty sure you have to be paying the taxes on a property for a number of years before you can take it from them.

My neighbor gave me permission to mow his side of the fence. He considers it a favor, since it's one less thing he has to do. Usually he does it, but if I'm out mowing, I'll go over there and mow his side too.

You might consider explaining to your neighbor how you made the mistake and ask if he minds that you maintain his side of the fence? Nothing destroys a fence faster than vegetation growing on it. You'd be doing him a favor in taking care of it.

 

[hayden]

Either ask the land owner if they give permission for you to trespass or cut a new trail on your own land. I always treat my neighbors like I would want to be treated.

This ^^^

 

[tradosaurus]

I think I’ll let sleeping dogs lie.

 

[Jstpssng]

I believe that most on this site will agree with sentiments expressed so far. I live in one of the most liberal states as far as using other people's property is concerned; if it isn't posted it isn't trespassing. We also have strong laws protecting the landowners if somebody gets hurt while recreating. Yet I would never consider going onto somebody else's land and cutting trees or brush to in a trail. I also doubt you could ever make a claim of adverse possession just because you have a hiking path. The law on that is based on people who genuinely don't realize they are on the wrong side of the line. Doing so intentionally is stealing.

 

[shooterdon]

You know what you are doing is wrong. Posted here to see if anyone would support you. No one did.

You will continue to do what serves your interests

Does not say much about the kind of person you are.

Sleep on it and if you have a God, pray for wisdom.

 

[scootr]

It's easier to ask for forgiveness than permission. Walking on somebody else property after they improperly built a fence is not a crime in my book.
If it ever comes up say you assumed the fence was on the property line.

 

[CloverKnollFarms]

So, it's someone else's property. You know it is. They are unaware

I think the right thing to do is clear.

Whether you make that moral decision is up to you.

 

[tradosaurus]

White knights in force.
I cut the trail not knowing about the boundary lines.
Not trying to claim more land
If neighbor wants to move fence then great.
There is no moral issue here.
That’s is all.

 

[ultrarunner]

Nothing says a fence has to be on a property line.

One property the line is a drainage ditch but I’m not putting a fence in a ditch subject to heaving in winter so I placed it 1 meter back.

The adjoining owner thought he owned 1 meter of my land up to the fence…

I mentioned it too him and glad I did because he planed to move the drainage ditch a meter up to my fence…

He pulled his survey and I had mine… showed the ditch on the line and my fence 1 meter set back.

 

[two_bit_score]

The only future problem I could see is that I could have acquired 10 feet more of property through adverse possession.

In Texas you won't acquire any legal rights to anything under those facts. Even a layman like me knows that.

 

[two_bit_score]

Adverse possession takes 20 years and I believe the neighbor needs to know you are using the land and not argue the property line.

In Texas you better get him to sign a gift deed or a quitclaim deed if you intend to assert rights to real property under those circcumstances. The current owner may not care but when he passes his heirs probably will kick you off. Or, he could sell it and the buyer gets a survey and finds you encroching and kicks you off. Either way you have no rights even after 20 years.

 

[two_bit_score]

I think I’ll let sleeping dogs lie.

Good idea. Just mowing and maintaining without doing anything to damage it or leaving anything or structures. If he did notice it and object then just stop trespassing.

 

[two_bit_score]

It's easier to ask for forgiveness than permission. Walking on somebody else property after they improperly built a fence is not a crime in my book.
If it ever comes up say you assumed the fence was on the property line.

It's common for a property owner to build a fence inside his property line for a lot of different reasons. I would not call it improper to do that. They do not conceed ownership or rights to the property by doing so. And you are 100% correct, afaik, that it is not a crime absent any notice not to trespass. Criminal trespass occurs when one has been legally noticed not to enter the property and still does.

In this case I agree with the position already expressed. Knowingly using someone elses property without their permission when it would be easy to ask permission and doing it simply to take advantage of their property for your convenience because they are unaware, is at least not neighborly and at worse a selfish use of someone elses property for your enjoyment simply because you can get away with it.

 

[two_bit_score]

Not trying to claim more land

But, from what you said, the thought did cross your mind.

 

[scootr]

But, from what you said, the thought did cross your mind.

Thinking of sinning and sinning are 2 different things. Still seems silly to approach a neighbor and say hey I'm walking on your land when you are openly doing so with no complaint... but you do you.
I purposely put my fence 6 inches inside the line. If somebody wants to walk on or mow the left out few inches they are welcome to do so.

 

[two_bit_score]

Thinking of sinning and sinning are 2 different things. Still seems silly to approach a neighbor and say hey I'm walking on your land when you are openly doing so with no complaint... but you do you.
I purposely put my fence 6 inches inside the line. If somebody wants to walk on or mow the left out few inches they are welcome to do so.

I agree with another poster that the OP was searching to see if other people here
agreed with him on using the property without permission might somehow accrue to him acquiring some rights or ownership, because that is what he asked about. It's not me doing me it's just the facts.

 

[Peace]

Reading this short thread, I was reminded of this famous quote:

Zaccheus stopped and said to the Lord, “See, Lord, I am [now] giving half of my possessions to the poor, and if I have cheated anyone out of anything, I will give back four times as much”.