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Cows On My Land #8389139 09/18/21 02:44 PM
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FullDraw55 Offline OP
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I have bought some land and the people that owned the land says they have removed all his cows. I talked to the company that sold me the land and they are searching to see who owns the cows. They don't show up much at the feeder but they do. I'm thinking about having steak for dinner at the land. What are your thought on what I should do?


The Weak Call It Obsession, The STONG Call it DEDICATION!!!

Thanks, FullDraw55
Re: Cows On My Land [Re: FullDraw55] #8389148 09/18/21 02:54 PM
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First thing I would do is check your fences to see if there is a break somewhere.


In the end, it's not the years in your life that count, it's the life in your years.
Re: Cows On My Land [Re: FullDraw55] #8389151 09/18/21 02:56 PM
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Yep, could be neighbors... And I would highly recommend getting your steaks from HEB. up


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Re: Cows On My Land [Re: FullDraw55] #8389152 09/18/21 02:57 PM
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FullDraw55 Offline OP
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This is a low fence or pretty much no fence.


The Weak Call It Obsession, The STONG Call it DEDICATION!!!

Thanks, FullDraw55
Re: Cows On My Land [Re: FullDraw55] #8389163 09/18/21 03:05 PM
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I would do my due diligence before shooting a cow. I would not want to be “that guy” in a new neighborhood. Exhaust every avenue to determine if they belong to someone first.

Re: Cows On My Land [Re: Adchunts] #8389166 09/18/21 03:09 PM
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Absolutely don’t become the local idiot. Brands, ear markers, game warren, sheriff?? Check all.

Re: Cows On My Land [Re: FullDraw55] #8389167 09/18/21 03:09 PM
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Recommended reading (as there are responsibilities on both sides of a fence). Please note that I am neither an attorney NOR did I stay at a Holiday Inn Express last night...

https://statutes.capitol.texas.gov/Docs/AG/htm/AG.143.htm

Sec. 143.033. INJURY TO TRESPASSING ANIMAL. If a person whose fence is insufficient under this subchapter maims, wounds, or kills a head of cattle or a horse, mule, jack, jennet, sheep, or goat, or procures the maiming, wounding, or killing of one of those animals, by any means, including a gun or a dog, the person is liable to the owner of the animal for damages. This section does not authorize a person to maim, wound, or kill any horse, mule, jack, jennet, sheep, goat, or head of cattle of another person.


Acts 1981, 67th Leg., p. 1345, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 958 (H.B. 1819), Sec. 1, eff. September 1, 2013.




Sec. 143.034. PENALTY. (a) A person commits an offense if the person knowingly:

(1) turns out or causes to be turned out on land that does not belong to or is not under the control of the person an animal that is prohibited from running at large under this subchapter;

(2) fails or refuses to keep up an animal that is prohibited from running at large under this subchapter;

(3) allows an animal to trespass on the land of another in an area or county in which the animal is prohibited from running at large under this subchapter; or

(4) as owner, agent, or person in control of the animal, permits an animal to run at large in an area or county in which the animal is prohibited from running at large under this subchapter.

(b) An offense under this section is a Class C misdemeanor.


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Re: Cows On My Land [Re: FullDraw55] #8389182 09/18/21 03:25 PM
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Look for eartags on the cows. Sometimes they have a name and sometimes a phone number on them. Also look for a brand. You could take the picture to the local sale barn and see if they recognize the brand or ask the texas cattle raisers association, brands are usually registered and can be looked up.

Re: Cows On My Land [Re: FullDraw55] #8389186 09/18/21 03:31 PM
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Originally Posted by FullDraw55
This is a low fence or pretty much no fence.

I would believe the first thing you need to do before doing anything else is fix your own fences. If you don't have fences what do you expect?

Re: Cows On My Land [Re: don k] #8389190 09/18/21 03:36 PM
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Originally Posted by don k
Originally Posted by FullDraw55
This is a low fence or pretty much no fence.

I would believe the first thing you need to do before doing anything else is fix your own fences. If you don't have fences what do you expect?


I agree 100%. Good fences make for good neighbors. You might even get your neighbors to pay half.


In the end, it's not the years in your life that count, it's the life in your years.
Re: Cows On My Land [Re: FullDraw55] #8389224 09/18/21 04:21 PM
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Many counties in TX are fence out counties meaning it is your responsibility to keep them out of your place. Pretty sure those cows are someone’s property and being cavalier ain’t gonna help you a bit.

Re: Cows On My Land [Re: Hudbone] #8389242 09/18/21 04:39 PM
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Originally Posted by Hudbone
Many counties in TX are fence out counties meaning it is your responsibility to keep them out of your place. Pretty sure those cows are someone’s property and being cavalier ain’t gonna help you a bit.



I would agree


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Re: Cows On My Land [Re: FullDraw55] #8389255 09/18/21 04:47 PM
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I had that same problem for the first few years we had this place. The cow owning neighbor never ever fixed a fence. He was leasing the land and wasn’t going to spend money on fence. During those years I fixed the fence, patching gaps where needed. Then I finally found the actual land owner and she shared new fence costs with me. Then she ran off the worthless renter and replaced him with a good neighbor, who fixes fences.

See who actually owns the land. Maybe your problem is a renter, like the one I had. They aren’t likely to spend money unless forced.

Also, you can supposedly call the county and have loose cattle rounded up and taken away. That didn’t work for me.


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Re: Cows On My Land [Re: FullDraw55] #8389280 09/18/21 05:15 PM
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Originally Posted by FullDraw55
I have bought some land and the people that owned the land says they have removed all his cows. I talked to the company that sold me the land and they are searching to see who owns the cows. They don't show up much at the feeder but they do. I'm thinking about having steak for dinner at the land. What are your thought on what I should do?

Originally Posted by FullDraw55
This is a low fence or pretty much no fence.

Good fences make good neighbors.
How are you going to keep the ag-exempt on the property if you're not running your own cows?(assuming a bunch from your 2 posts).

Re: Cows On My Land [Re: FullDraw55] #8389303 09/18/21 05:32 PM
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TEXAS STOCK LAWS BY COUNTY CHART - Matthiesen ...
https://www.mwl-law.com › uploads › 2020/01
PDF
Texas Agric. Code § 143.072. These counties are open range as they relate to cattle only. The counties may pass elections for other species of animals.
15 pages


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Re: Cows On My Land [Re: FullDraw55] #8389304 09/18/21 05:33 PM
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thanks for the help, I'll just wait and see what happens with the owners. I do have commonsense and not an idiot. Thanks for all the advice. Learning something


The Weak Call It Obsession, The STONG Call it DEDICATION!!!

Thanks, FullDraw55
Re: Cows On My Land [Re: FullDraw55] #8389953 09/19/21 03:22 AM
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Call County Sheriff and they will tell you exactly what the law is. And save your time with arm chair opinions sometimes worth what you pay for them.


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Re: Cows On My Land [Re: FullDraw55] #8390110 09/19/21 12:42 PM
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Pen them, take them to the sale barn & turn them in as strays. Charge owners for grazing (that’ll be taken out of what the cattle bring). If the cattle owner is found, he gets the rest of what they sold for.

Re: Cows On My Land [Re: JTS] #8390144 09/19/21 01:12 PM
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Originally Posted by JTS
Look for eartags on the cows. Sometimes they have a name and sometimes a phone number on them. Also look for a brand. You could take the picture to the local sale barn and see if they recognize the brand or ask the texas cattle raisers association, brands are usually registered and can be looked up.


I used my zoom camera to get the name/number off the ear tag. Called it, and told them they had a stray. They asked me where I was, which was 100 miles from their nearest operation. Turns out this was from a lot at the sale barn & new owner left ear tag in. I watched it walk down away down the county road.

On another occasion, had three cows show up & they stayed all day. Called the neighbors with cattle, but not theirs. Strays wandered off, then another neighbor showed up at dinner, asking if we had seen the three they bought yesterday. The temporary fence failed.

Had one show up on game cam this month, another stray out in the hay field yesterday. Both are gone.

Check your fences/put one up is my 2c. I don't mind strays unless they tear something up.

Re: Cows On My Land [Re: FullDraw55] #8390795 09/19/21 10:28 PM
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Yep, first determine if you are in a "fence in" or "fence out" county, and the proceed accordingly. We are fence out, and regularly have cows find their way thru the fence, usually if a tree falls on it or something. One neighbor is vigilant about keeping his cows on his side, the other leases the grazing rights and seems fairly indifferent when/if I call him, until he hears of the damage they're doing to feeders, food plots, etc.

Go talk to the adjacent land owners, they'll know exactly who's cows they are. If theirs, walk the fence, identify issues, offer to help pay and do the work to fix it. That will go a lot further to prevent future instances since they'll see you demonstrating your will to not have rogue cattle on your place. Last ditch effort, the sheriff dept will come load them up if it comes down to it.

Do not shoot one! Even if unclaimed, that will not go over well with the neighbors.


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Re: Cows On My Land [Re: Hudbone] #8391087 09/20/21 02:46 AM
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Originally Posted by Hudbone
Many counties in TX are fence out counties meaning it is your responsibility to keep them out of your place. Pretty sure those cows are someone’s property and being cavalier ain’t gonna help you a bit.


Depends on the County and any Stock Laws that are in effect as to whom the responsibility lies with.

IF an Open Range county (for cattle) then yes, its the OP's responsibility. IF a Closed Range county (for cattle) then the land owner on whose property the livestock reside is responsible.


https://www.mwl-law.com/wp-content/uploads/2020/01/TEXAS-STOCK-LAWS-BY-COUNTY.pdf







(


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Re: Cows On My Land [Re: shooterwalter] #8391094 09/20/21 02:48 AM
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Originally Posted by shooterwalter
Call County Sheriff and they will tell you exactly what the law is. And save your time with arm chair opinions sometimes worth what you pay for them.


^^^^

This!


Spartans ask not...how many, but where!
Re: Cows On My Land [Re: FullDraw55] #8391147 09/20/21 03:23 AM
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The law in Texas is if you don’t want cows on your place you have to fence them out.
I have fought this before and the cattle owner is not obligated to to fence his cows in. Unless your neighbors are cutting your fence they are in the good as far as the law allows.

Re: Cows On My Land [Re: huntwest] #8391196 09/20/21 05:27 AM
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Originally Posted by huntwest
The law in Texas is if you don’t want cows on your place you have to fence them out.
I have fought this before and the cattle owner is not obligated to to fence his cows in. Unless your neighbors are cutting your fence they are in the good as far as the law allows.


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Re: Cows On My Land [Re: huntwest] #8391337 09/20/21 01:36 PM
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Originally Posted by huntwest
The law in Texas is if you don’t want cows on your place you have to fence them out.
I have fought this before and the cattle owner is not obligated to to fence his cows in. Unless your neighbors are cutting your fence they are in the good as far as the law allows.



This is absolutely incorrect. Texas IS a Open Range State...BUT local 'stock laws' are enacted 'County by County' and even 'parts' of Counties and are animal specific.

So do the research or call your local Sheriffs Dept for what applies in your county. Depending on whether your county is Open Range or Closed Range dictates the responsibility of the livestock owner to control/contain his animals.

Last edited by flintknapper; 09/20/21 01:37 PM.

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