Mowed a section of land on neighbors property

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   / Mowed a section of land on neighbors property #1  

tradosaurus

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Texarkana, TX
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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.
 
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   / Mowed a section of land on neighbors property #2  
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.
 
   / Mowed a section of land on neighbors property #3  
Adverse possession takes 20 years and I believe the neighbor needs to know you are using the land and not argue the property line.
 
   / Mowed a section of land on neighbors property #4  
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.
 
   / Mowed a section of land on neighbors property
  • Thread Starter
#6  
I think I’ll let sleeping dogs lie.
 
   / Mowed a section of land on neighbors property #7  
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.
 
   / Mowed a section of land on neighbors property #8  
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.
 
   / Mowed a section of land on neighbors property #9  
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.
 
   / Mowed a section of land on neighbors property #10  
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.
 
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