I recently obtained permission to hunt 80 acres off of the Brazos. The owner has had the land for 30 years and it hasn’t been hunted in 10. The landowner lives in the Metroplex and hasn’t even been out to check on the place in several years. We were talking, the land is only 30 minutes from my house, he told me I could hunt on it, gave me the keys, and was glad someone would be going by to keep an eye on it. He hasn’t leased the grazing and the fence is down in spots. The neighbors cows have been grazing it for no telling how long. I’ll fix the fence and contact the neighbor if I can’t get all of the cattle out. The land is thick and floods. With a big creek running through the middle. I’ve never run into this before and was wondering if Texas law requires cattle to be fenced in or if each landowner is required to fence them out. This is a property I may end up buying, or at least work out something to Put a few cows out there.

I would think the cattle owner is responsible for fixing the fence where it's down. I know at my place two years ago my neighbors cows broke through the fence between are places and he replaced the whole area where they had with all new barb wire and T posts. Looks brand new still to this day.

The answer to that question is a big: Yes & No.
Texas is an open-range state, tracing its roots back to the trail
drives and cattle barons of the 1800s. Open range means
exactly that—livestock owners are not required to fence in
their livestock to prevent them from roaming at large. The
Texas Supreme Court supported the open-range policy more
than a century ago when it stated, “if the cattle of one person
wander upon the [unenclosed] lands of another…they are not
trespassers, and the owner is not liable for any damage that
they may inflict.”1
As recently as 1999, the Texas Supreme
Court upheld this concept, holding that “[i]t is the right of
every owner of domestic animals in this state…to allow them
to run at large.”2

The Texas Legislature allows local governments
to pass stock laws that modify the law for that location from
the common-law rule of open range to closed range.3
Local
voters consider these stock laws, which can apply to all or a
portion of a county. The stock laws state that certain species
of animals (such as cattle, horses, jacks, jennies, and sheep)
may not run at large within the limits of the particular
county. When these laws are in place, the common-law rule
of closed-range law essentially replaces the common-law rule
of open range. As a result, landowners in closed-range areas
have a duty to prevent their livestock from running at large,
usually by maintaining a fence to keep their livestock on their
property.

I had the same problem. For years I fixed the fence until it just was beyond repair. Then I found the inherited owners (folks I knew had passed on) and they agreed to share the cost of new fence. I maintain the new fence.

perhaps you can allow them to continue on their journey by leaving the gate open?

Counties have the authority to modify fence in/ fence out open/closed livestock laws.

You'll have to contact the County Sheriffs office or county clerk to find out for sure, often the TSCRA ranger for your area knows off the top of his head.

Sec. 142.003 Discovery of Estray ---> AG code

Yes he might,
links to all counties: http://tscra.org/what-we-do/theft-and-law/find-your-ranger/

The landowner should thank him so he can have Ag. Exemption unless he has been paying high taxes all these years.

I would think it isn’t legal to apply for an ag exemption just because a neighbor’s cows get on your property.

IMO, you might open a can of worms and create unnecessary tension between landowners if you contact the neighbor and tell him he must fix the fence to keep his cows off property that you don’t own. The truth is, you can have good success hunting property that has cows on it and many people who read and post here do. You just have to think more and work at it a little harder.

If the adjacent property isn’t being hunted, you might even play your cards in such a way that you’ll get hunting rights to the neighbor’s land. Landowners prefer hunters who are part of a solution, rather than part of a problem.

Fix the fence, but put in a gap and feed them with range cubes on the cattle owners side of the fence.
Do that for a good while until the cattle get used to it, and then when they are on his side close the gap.
You could also put in a gap and build a corral on your side and keep feeding them and providing water. Once you get them into the corral close the gate and open the gap on the landowners side and push them through then close the gap. Lock optional.....Problem solved.

I don't know what the law is on these matters. Most cattle owners will want their cattle to be where they are supposed to be and will keep their fences up. There are some lazy and/or cheap cow owners who "keeping up fences" is not their priority. Most of the time if you just talk it out things can be worked out.

If you are buying the land as an investment...go for it. Excellent idea! Owning land can be a lots of enjoyment...hunting, fishing, camping and such.

You said you might be putting a few cows out there yourself...if you just want to mess with the animals and such go for it but if you are thinking cattle might be a money maker..... DON'T! You are not going to make money on 80 acres and you are going to spend more time out here than you think....fixing fences, fixing water gaps, feeding, haying, doctoring, calfing and you will lose one or two from time to time...bulls like to visit the neighbors.... heifers will leave to find herself a Romeo and sometimes animals just die.

Ag exemptions can be tricky....sort of depends on the county and how lax or strict they are.

Here is a link that may have some helpful information in it.

Link

it takes a lot of documentation to get an ag exemption.....you basically need to prove that your income from whatever ag venture your property is used for is in line with what others in your area are showing

you cannot have 100 acres with two cows when all the actual cattle owners in the area have 25 cow calf pairs and you cannot just have 25 pairs out there grazing forever and never being sold or bred or otherwise producing income

I agree with the above - most cattle owners want their cows where they are supposed to be. Talk to the neighbor. Especially if you are going to put your wins catlle out there - that should be an easy conversation about keeping herds separate.

I had the same problem. I found that if there is a fence it has to be respected. I solved my problem by telling the neighbor that I had removed my front gate.

Actually if the cattle have been grazing on the property for 5 of the last 7 years and the owner of the cattle would testify to that it would probably be good enough. There does not need to be any exchange of money. I have done this so I know it to be true. This is in Bandera Co. so I don't know who is running the CAD where this is happening.

I looked at 300 acre place out past Mountain Home a while back, not certain what county. The land was ag exempt as long as it was left open range (not fenced), whether you owned cattle or not.

I have experience with land on the Brazos in Young county, and I can assure you that roaming cattle are the norm, not the exception. Even the best fences cannot guarantee that livestock will stay contained. There are places the flood plane is so big the water will spread out for miles. Without knowing the landscape of the area you are talking about, it may or may not be reliably fenced. Good efforts can be made and the situation made to be less severe, but one good rain will take it all back to square one in 10 minutes.