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    Neighbors Cows on My Property

    Apparently the original thread that I revived from 3 years ago that went sideways while I was driving home. I think this is some good information so i am reposting it.

    Remember, there are two types of counties in Texas.

    1. Open range counties where you are required to fence out and Abel's cattle. These counties are very rare at this time. Oddly enough Collin County is one of them.

    2. Closed range counties. The owner of the cattle are required to fence them in.

    If a neighbor's cows get on your property, you cannot:
    Keep them. No finders keepers
    Sell them
    Eat them

    Do you owe a duty of care as to the neighbor's property?

    A good question that I do not know what the answer is. What duty of care, if any, do you owe the neighbor and his cattle.

    Closing Gates: I do not believe that you are required to close Gates and secure them. Therefore if they happen to wander out of your gate on to the public Highway you should not be at fault. Would you be liable to a 3rd party who was injured by hitting the neighbors cow that you failed to keep off a road?

    What If the neighbor's cow:
    1. Walks Behind a deer as you pull the trigger, I do not know if you owe a duty of care to not damage the neighbor's property.
    2. What happens if the neighbor's cow walks onto your shooting range while you're shooting question are you liable for damage to neighbor's property if the cow is hit?

    Have learned much in the past 15hrs for my client.

    1st. I believe this is a closed range county.

    Estray . . Yes Estray cattle are covered under texas Ag code 142. These have been here since the hurricane. 6 weeks. The property owner has no access to this section of fence due to water feature.

    Cattle owner has the only access and refuses to fix the fence.

    When the cattle owner was notified, he told a mutual friend "let them so and so's good grass "

    1. Notify sheriff
    2. If owner doesn't pay redemption fee he doesn't get them
    3. 5 days then sheriff shall remove and impound and sell it not redeemed
    4. JP court sets redemption fee if land owner and cattle cannot agree.

    This property is under mL3/conservation so no cattle allowed per contract.

    800lbs of corn eaten from protein feeder.

    God knows how much mesquite and huisache added back to property.

    4 feed plots destroyed by cows as they sprouted

    Riparian areas grazed and defecated on.

    Did I say the neighbor has known about thugs four 6 weeks now?

    Sheriff has been notified per 142.

    At this point property owner want 800lbs of corn to replace what was eaten.

    Sound fair?

    *Image: https://uploads.tapatalk-cdn.com/201...3e43cc6a61.jpg Image: https://uploads.tapatalk-cdn.com/201...72e4e56f98.jpg

    #2
    A mans possessions should be his responsibility. Period

    Comment


      #3
      Originally posted by WCB View Post
      A mans possessions should be his responsibility. Period
      I agree, but you can't kill my cows without contacting me to let me know they are on your property.

      Comment


        #4
        Originally posted by doghouse View Post
        I agree, but you can't kill my cows without contacting me to let me know they are on your property.
        Agreed, but if you won't come get them and fix your fence after you've been contacted I should be able to remove and sell them. Sound fair?

        Comment


          #5
          Originally posted by adam_p View Post
          Agreed, but if you won't come get them and fix your fence after you've been contacted I should be able to remove and sell them. Sound fair?
          I'm a full time rancher so I will be there the next day , but with the land division in Mills county I'm not sure when some of the weekend warriors would come get them. You cannot sell them legally without going thru the proper steps. Call the sheriff and go from there. They actually go to the county so they can sell them. JMO.

          Comment


            #6
            Originally posted by doghouse View Post
            I'm a full time rancher so I will be there the next day , but with the land division in Mills county I'm not sure when some of the weekend warriors would come get them. You cannot sell them legally without going thru the proper steps. Call the sheriff and go from there. They actually go to the county so they can sell them. JMO.

            I know you can't sell them. In the amount of time it would take to go through the legal channels to get rid of them it could ruin a deer season. How do you put a price on that? How do you get compensated for it from a bum cattle rancher who doesn't care about his cows enough to come get them?

            Comment


              #7
              Originally posted by SC-Texas View Post

              At this point property owner want 800lbs of corn to replace what was eaten.

              Sound fair?
              It sound more than fair to me. The property owner must really be a nice guy. He should get compensated for the food plots that were ruined and grazing fees since it's taking so long to get them removed.

              Comment


                #8
                Originally posted by adam_p View Post
                I know you can't sell them. In the amount of time it would take to go through the legal channels to get rid of them it could ruin a deer season. How do you put a price on that? How do you get compensated for it from a bum cattle rancher who doesn't care about his cows enough to come get them?
                I would be mad just like you, but I cannot answer your question. Being a full time rancher I check my cattle every day. Lot's of people live in the big cities any more and run a few cattle to get the Ag exemption on their land.

                Comment


                  #9
                  Hmmm

                  Sue cow owner for damages and NEVER see a dime PLUS any legal fees incurred

                  OR

                  Open gates and run them on down the road


                  Seems like around here you can (or used to) call sheriff department and they would send someone out to round up cows and impound them

                  No cows on my place, I go out at night with my new NV and "I thought I was shooting at a heard of pigs, there are no cows on this place" seems like a logical defense to killing multiple neighbor cows?

                  Cattle owner needs to be made to pay for any and all damages to crops, pay grazing fees and any other charges that can be filed.
                  A number of cows should be sold at auction until the amount of damages is able to be paid to landowner/plaintiff unless cattle owner has CASH to pay for said damage immediately

                  Comment


                    #10
                    Did the cows come from North of David's crop fields or from the East of the camphouse you always show pictures of?

                    Comment


                      #11
                      Neighbors Cows on My Property



                      Sent from my iPhone using Tapatalk

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                        #12
                        i wonder how ****** a game farmer would be if his 300" breeder buck, 500" elk, or red stag he had sold to "hunt" for $12k got out and i shot them because they were eating my cow feed? why didnt he get a chopper and nets over there IMMEDIATELY to get them back? what do you mean he has a couple hundred to keep track of and didnt realize one was gone......

                        Comment


                          #13
                          Some people are ****ty neighbors and deserve an arsewhooping. That goes both ways.

                          Hunters and ranchers are never a good mix.


                          Sent from my iPhone using Tapatalk

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                            #14
                            Originally posted by adam_p View Post
                            Agreed, but if you won't come get them and fix your fence after you've been contacted I should be able to remove and sell them. Sound fair?
                            Ag code 142 clearly answers this question

                            Sent from my SM-N920V using Tapatalk

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                              #15
                              Originally posted by chuckw View Post
                              i wonder how ****** a game farmer would be if his 300" breeder buck, 500" elk, or red stag he had sold to "hunt" for $12k got out and i shot them because they were eating my cow feed? why didnt he get a chopper and nets over there IMMEDIATELY to get them back? what do you mean he has a couple hundred to keep track of and didnt realize one was gone......

                              You are missing the entire point. The landowner was contacted and is doing nothing about it.

                              Comment

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