Fence Lines

[3Ts]

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?

 

[beowulf]

I know nothing about what Texas would require, if anything. But before any fence is taken down and trees bulldozed I would do something to mark precisely where the fence, i.e., boundary line was/is - you don't want it to get lost in the bulldozing.

Also, if I understand things correctly, you don't need a fence but he does in order to contain his cattle, so it may be that the fence would be his choice and his cost - he has an obligation to keep his cattle on his land. However, the neighborly thing to do, after you determine what Texas may require, if anything, and assuming you don't have a specific obligation, would be to offer a set sum (a limit to what you can afford or are willing to pay) or a percentage of the cost.

Just my thoughts - and what I would do in your circumstance. And who knows, maybe some day you may also have a need for the fence.

 

[Gee Ray]

I believe that every state or county has it's own set of rules concerning fences. You might call a local surveyor for some free advice. If that does not get you a good answer speak with an attorney. Then work out a plan with the new neighbor. You might have the right to determine what type of fence, location around objects, expenses, etc.

Deal with strength will result in a more fair result for both parties.

 

[MoKelly]

In Texas you need to determine:

- is it open range or closed range. Each county can make its own rules.

- if open range, the cattle owner has no responsibility to keep his cattle off your land. He doesn’t need a fence.

You could put up a fence to keep his cattle out. That would be your responsibility and cost.

- if closed range, it’s his responsibility (and cost) to have a fence. You do not have to contribute to the cost. He owns the fence in that situation.

There is nothing to prohibit you from contributing and having the fence be a common fence. You both would then contribute to ongoing maintenance of the fence.

Those are the basics.

As noted in a prior list, it can get complicated and it’s best to consult an attorney familiar with the rules in your county.

Good luck.

MoKelly

 

[two_bit_score]

Look at the law.

https://agrilife.org/texasaglaw/files/2016/08/Five-Strands-for-Download.pdf

 

[tradosaurus]

I have a neighbor in Texas who put up an electric wire fence. It looks to be just one wire.

Maybe call the sale barn near you next time you have cattle on your property and have them come pick it up for processing. Give your neighbor the sale proceeds minus a 10% surcharge.

 

[tradosaurus]

Texas stock laws by county

I'm glad this topic was started as I didn't know the laws of the state. I live in Bowie County and evidently there is a stock law (meaning closed range) for most livestock.

 

[ROUSTABOUT]

Texas stock laws by county

I'm glad this topic was started as I didn't know the laws of the state. I live in Bowie County and evidently there is a stock law (meaning closed range) for most livestock.

Bowie Cass

 

[3Ts]

I have a neighbor in Texas who put up an electric wire fence. It looks to be just one wire.

Maybe call the sale barn near you next time you have cattle on your property and have them come pick it up for processing. Give your neighbor the sale proceeds minus a 10% surcharge.

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.

 

[Torvy]

Texas stock laws by county

I'm glad this topic was started as I didn't know the laws of the state. I live in Bowie County and evidently there is a stock law (meaning closed range) for most livestock.

Thanks for this. We are just a few counties SW of you and we are open range. Looks like I have some fencing in my future.

 

[Torvy]

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.

Need a trained cattle dog.

 

[oosik]

Check the local laws in your county/state. What is required here, where I live, will have absolutely no bearing on what may be required where you live.

 

[tradosaurus]

That is called Rustling and they can still hang you for it in Texas. Some old laws are never recinded, like"It is illegal to take a bath in a horse trough on Polk Avenue in Amarillio Texas"

It's only rustling if you keep the money from the sale.

 

[Cat385B]

Are you comfortable with the fence location or is a survey in order?
I’d offer to pay for the survey and the fence cost goes to the neighbor if it’s on the lot line.

 

[tradosaurus]

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.

Your neighbor has the responsibility to pay for the fence to keep his cows from wandering. I'm hoping you get a get resolution to your situation. No one likes to be the bad guy but if you have to call the Sheriff that on your neighbor.

When we first moved on our property (45 acres and mostly timber) a few of the neighbors cows got out on our property as well as the Farm to Market road. The neighbor upgrade his fence and haven't seen a cow on our property in 3 years.

I don't know what you do if the Sheriff won't help you and the neighbor doesn't keep his cows on his property. I'm sure the Sheriff would respond quickly if you sent the neighbors cattle (on your property) to the sale barn.

 

[3Ts]

Are you comfortable with the fence location or is a survey in order?
I’d offer to pay for the survey and the fence cost goes to the neighbor if it’s on the lot line.

We had a survey done when we bought our place and the fence is on the surveyed line, except for 1 corner where it is about 2' off at a jog in the property line, makes a difference of about 10 sq ft. I'm ok with that. However, if he bulldozes the line, I'd want a surveyor to re-lay out the line, and even though it's not required, I'd offer some limited help with the costs. (He bought 384 acres and I'm only 1 of a dozen families that abut his property and he's coming from a farm that is being turned into housing developments so I suspect he can afford it.)

 

[DieselBound]

Deal with the pressing issue FIRST. Then go for the longer-term solution: aiming high right off the bat might over-escalate.

For now I'd ask him to run a hot wire. Pretty simple and effective, and, cheap. Or, you could do it. Requires diligence (tattle-tales can be helpful if you can locate them such that you can see them from, say, your house or such; if they ain't blinking then it's time to put the boots on...).