Ever wondered who owns and should maintain the fence on your Texas property?
Back in 2017, Texas A&M’s AgriLife extension published Five Strands: A Landowner’s Guide to Fence Law in Texas. This handbook was the first resource of its kind to gather together information about Texas fence law in one easy-to-read, landowner-friendly publication. Questions are answered such as:
- Who is liable when vehicles on a roadway hit livestock?
- What are a landowner’s rights if another person’s livestock are on his or her property?
- Who is responsible when it comes to building and maintaining fences?
This book gives landowners and livestock owners a background on how Texas fence laws originated, explains the current laws they should know.
Five years later the Second Edition is ready. There have been numerous new cases and opinions issued that landowners and producers need to be aware of. This handbook is 36 pages, and a needed read for anyone with fences and animals on your land.
Topics include: Liability for Livestock on Roadways, Cattle on Certain County Roads, Liabiltiy for Livestock on Neighboring Land, Fence Maintenance Responsibilities.
Some examples of livestock owner actions that might result in liability include:
- leaving a gate open
- authorizing a lessee to allow cattle to run at large
- having notice that the livestock were out in the roadway and failing to remove the livestock
- having knowledge that livestock previously escaped from the property, or
- failing to maintain the fences surrounding the pasture.
Landowner Maintenance Checklist
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- Inspect and repair fences regularly.
Check livestock frequently to be sure none have escaped - Keep records of when inspections are conducted
- Carry liability insurance
- Get to know neighbors
- In case of emergency, share contact information with neighbors and county officials (sheriff).
- Be aware of the Texas & Southwestern Cattle Raisers Special Ranger for the area.
- Inspect and repair fences regularly.
NOTE: Texas law requires ALL real estate licensees to give all consumers who initiate real estate transactions the following information about real estate services:
