One of the main things only mentioned lightly so far is record for posterity with succinct notes and anything even slightly major get in writing with both parties signature.Here's an update. There are still 4 of his cows in my forest - somewhere. I can't find them. He brought out help with horses to find them and was not able to do so either. He agrees there are 3 cows and a calf out there. We know where they've been because of tracks and droppings. The rest of the cows have been contained back on his property. He had a fence crew come out and put in a temporary fence that seems to be holding them. I think he is trying real hard to control his cows. We had him and his family come over for lunch and we talked about them among other things. The piece of property he bought wasn't quite what it was advertised as and he is in the process of dealing with all that and I've offered to help him where I can. He's told me what his plans are with the fence (hog panel fence with 1 or 2 strands of barb wire) and the time frame he intends to do it and I'm fine with the plans. (We'll have to see if he keeps to it.) The immediate problem is when the cows get into my garden and up around the house, they tend to break what they step on. So with patience and cooperation, I think we'll get this under control. So far I think he will be a good neighbor and there's been a mention about putting in a gate and letting me go fishing in his pond. Stray cows are an interesting way to meet your new neighbor.
BTW - he agrees with me on the survey, the fence line is on the property line, but there is a jog at each end and those are off by a bit.
Here in Kansas the general rule is you stand facing your neighbor and you are responsible for everything on the right half of the line and the neighbor is responsible for half of the fence line going to his right. 50/50 deal. If you have a water gap normally the one who is running animals will take the responsiblity of the water gap.My property is timber thus I don't need a fence and only have it on 1 of the 4 sides. My neighbor's is pasture. My neighbor just sold his property and the new owner is moving cattle onto it. The fence line has barb wire but is old and well rusted and his cattle have been getting thru the fence and checking out our house the last few days (and occasionally getting onto the state highway). The new owner & I have talked about the problem and he is aware the fence needs to be replaced. He plans to bulldoze the fence line and put up a new fence. (The barbwire is embedded in many trees, some are about 2' diameter.) In the meantime he is trying to patch the fence to control the cattle. I have no problem with what he is doing or plans to do. However, what is the legal requirement for who pays for this fencing? He is looking at doing 5000', I'm ok with helping with the bill, but I'm concerned that the total could come to more than I can afford if I'm required to pay half. Anyone, especially in Texas, know what is required?
Traditionally, nationwide, the person with the cattle is responsible for the fence. Unless you run cattle you are under no obligation to pay for it AT ALL. The fence is his responsibility. If there is disagreement about that, only then do you need to go look up Texas laws.My property is timber thus I don't need a fence and only have it on 1 of the 4 sides. My neighbor's is pasture. My neighbor just sold his property and the new owner is moving cattle onto it. The fence line has barb wire but is old and well rusted and his cattle have been getting thru the fence and checking out our house the last few days (and occasionally getting onto the state highway). The new owner & I have talked about the problem and he is aware the fence needs to be replaced. He plans to bulldoze the fence line and put up a new fence. (The barbwire is embedded in many trees, some are about 2' diameter.) In the meantime he is trying to patch the fence to control the cattle. I have no problem with what he is doing or plans to do. However, what is the legal requirement for who pays for this fencing? He is looking at doing 5000', I'm ok with helping with the bill, but I'm concerned that the total could come to more than I can afford if I'm required to pay half. Anyone, especially in Texas, know what is required?
A great excuse to buy a four wheeler (or a horse)!!!I'm aware that in Texas this won't work. As mentioned in an earlier post, it is cattle rustling. If I need to have the cattle removed, it has to be done by the County Sherriff.
That booklet posted by two_bit was very informative. It confirmed what I suspected. So far, the two of us are on good terms. But, his cows got out again - two days in a row. This is a closed range county and they were out on a Farm to Market road. Not good with the hills and low visibility we have out here. I help with what I can, but I've never run cattle so I don't have anything to deal with them. No ATV and they are faster than I am. I realized very quickly that trying to coral 20 cows while I'm on foot, just isn't going to work.