Legal Question in Real Estate Law in Texas
Fencing Responsibility
We own farm property where an overseer cultivates hay. We have no livestock. A neighboring rancher owns cattle that repeatedly have come onto our property and damaged the coastal grass or eaten the baled hay. The overseer has asked that the neighbor pay for the lost revenue from the hay. The neighbor has responded by saying that we are responsible for keeping her cows off our property, that we must maintain a fence. She is demanding that we repay her expenses for fencing. Shouldn't she be responsible for her own cows? Who must put up the fencing?
1 Answer from Attorneys
Re: Fencing Responsibility
Most Western states, including TX, have what is called a "fence out" law. This law is an old holdover from the days when cattle ranchers pretty much controlled the legislatures and the laws.
The fence out law requires the property owner who wishes wandering livestock kept off his place to fence the livestock out. It does not require the livestock owner to fence the livestock in, as cattle grazing without fencing is termed "open range."
If you can prove prior knowledge by the livestock owner that her cattle were straying onto your place and consuming valuable feed, you may have an agister's lien for the value of the feed.
Check with a farm/ranch lawyer in your area concerning your rights and obligations with respect to wandering cattle.
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