Texas Court Case on Disputed Property Line Fence

   / Texas Court Case on Disputed Property Line Fence #11  
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.
 
   / Texas Court Case on Disputed Property Line Fence #12  
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
 
   / Texas Court Case on Disputed Property Line Fence #13  
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.
 
   / Texas Court Case on Disputed Property Line Fence
  • Thread Starter
#14  
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.
 
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   / Texas Court Case on Disputed Property Line Fence #15  
Understand this - while driving on open range lands - livestock have the ROW on any/all public roads.

Texas lawyers have a different opinion.

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MoKelly
 
   / Texas Court Case on Disputed Property Line Fence
  • Thread Starter
#16  
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.


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.

 
   / Texas Court Case on Disputed Property Line Fence #17  
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.


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.


Thanks. Very helpful.

Hopefully the defendant got reimbursement of legal fees.

MoKelly
 
   / Texas Court Case on Disputed Property Line Fence #18  
"Roaming freely" is quite a bit different than being driven from pasture to pasture.
 
   / Texas Court Case on Disputed Property Line Fence #19  
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.
 
   / Texas Court Case on Disputed Property Line Fence #20  
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.
 

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