Texas Court Case on Disputed Property Line Fence

[oosik]

Out here where it's almost all open range land - a foot either way will "bark no hide". That is, until the bank becomes involved in a land transaction.

 

[MoKelly]

Out here where it's almost all open range land - a foot either way will "bark no hide". That is, until the bank becomes involved in a land transaction.

Open range is very interesting. I guess it works great until something bad happens. A friend of mine in a Montana told me case law has all but liked the open range concept.

Who has to ensure the animals stay off public roads?

MoKelly

 

[oosik]

Open range land - land w/out fences or other barriers. State/county roads are all fenced. Only "bad" thing I've ever seen/heard of - city folks in their shiny cars trying to push their way thru a herd of cattle as they are being moved down a county road. A whole lot of bumping/shoving - the shiny cars don't fare well.

Understand this - while driving on open range lands - livestock have the ROW on any/all public roads.

 

[two_bit_score]

Open range land - land w/out fences or other barriers. State/county roads are all fenced. Only "bad" thing I've ever seen/heard of - city folks in their shiny cars trying to push their way thru a herd of cattle as they are being moved down a county road. A whole lot of bumping/shoving - the shiny cars don't fare well.

Understand this - while driving on open range lands - livestock have the ROW on any/all public roads.

YEP just make sure it's really "open range" by law.

 

[MoKelly]

Understand this - while driving on open range lands - livestock have the ROW on any/all public roads.

Texas lawyers have a different opinion.

MoKelly

 

[two_bit_score]

Carlson makes their living soliciting lawsuits.

We don't really have "open range" here like WY or CO.

Here is a case from the Texas Supreme Court discussed in detail on Texas AG Law Blog.

tag based on what is being viewed. We filter the output of wp_title() a bit - see agriflex_filter_wp_title() in functions.php. --> <title> TX Supreme Court Sides with Bull Owner in Fence Law Case - Texas Agriculture Law

agrilife.org

I may have posted it before.

Also a link to the actual opinion. Much more authority than a screen shot from a lawyer who advertises on the back cover of the phone books.

https://www.txcourts.gov/media/1445670/180953.pdf

 

[MoKelly]

Carlson makes their living soliciting lawsuits.

We don't really have "open range" here like WY or CO.

Here is a case from the Texas Supreme Court discussed in detail on Texas AG Law Blog.

tag based on what is being viewed. We filter the output of wp_title() a bit - see agriflex_filter_wp_title() in functions.php. --> <title> TX Supreme Court Sides with Bull Owner in Fence Law Case - Texas Agriculture Law

agrilife.org

I may have posted it before.

Also a link to the actual opinion. Much more authority than a screen shot from a lawyer who advertises on the back cover of the phone books.

https://www.txcourts.gov/media/1445670/180953.pdf

Thanks. Very helpful.

Hopefully the defendant got reimbursement of legal fees.

MoKelly

 

[oosik]

"Roaming freely" is quite a bit different than being driven from pasture to pasture.

 

[rademamj1]

Thanks. Very helpful.

Hopefully the defendant got reimbursement of legal fees.

MoKelly

They did indeed recieve a court ordered partial reimbursement for their legal fees.

 

[STx]

Texas lawyers have a different opinion.

View attachment 689424

MoKelly

It’s a county by county thing in Tx, some counties are fence in and others are fence out. You’ve really got to know the local laws. I *think* most counties are fence out but, most people will fence in anyway just because animals are expensive and lawsuits cost money even if you win.