Where I live he would be correct. I'm also squating on part of the HOA land. It wasn't intentional as when I had my fence put up I marked the property lines. They pretty much put the fence where it was easiest. That said, the HOA even sent someone out and they okayed it. I also have a long run into the woods out my back gate that I have been maintaining for 25 years. Technically, yeah, I could claim it legally but what a hassle. I go by the live and let live. I maintain their property and they let me use it. Same with my neighbor. He marked his lines but never mowed his backyard that backed up to my sideyard. I simply told him I realized the land was his and would he mind if I mowed it. No problems. My yard looks slightly bigger and nicer but yep, it is his land. Wouldn't think of being a #()K.