Cows keep coming through the fence onto my property.

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Old Apr 13th, 2010, 01:29 PM   #1
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Default Cows keep coming through the fence onto my property.

My neighbor has cows and they keep coming through the fence onto my property. I have talked to the owner of the cows and he has a I don't care attitude. Is there anything I can do? I was told that Texas is a free range state and I can't do anything about it.
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Old Apr 13th, 2010, 03:38 PM   #2
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Default Re: Cows keep coming through the fence onto my property.

During the days of the Republic, the Texas Congress decided that livestock owners could allow their animals to run at large, and landowners wishing to sue for damages from trespassing livestock had to prove they had fulfilled their own duty to protect their property from at large livestock by erecting a proper fence; otherwise, their claims were barred. See Act approved Feb. 5, 1840, 4 th Cong., R.S., 2, 1840 Repub. Tex. Laws 179, 180, reprinted in 2 GAMMEL, THE LAWS OF TEXAS 1822 1897, at 353, 354 (Austin, Gammel Book Co. 1898).



But if you have fenced off your property and the animals enter your property, then you can sue--or if local rules provide otherwise.
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Old Apr 13th, 2010, 03:42 PM   #3
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Default Re: Cows keep coming through the fence onto my property.

Like many western states, Texas rejected the English common law rule for animal trespasses on neighbors' property. When combined with the common law rule of no duty to restrain animals from the roadway, the rejection of the common law duty of animal owners to neighboring landowners rendered Texas "free range" as a general rule. In Clarendon Land, Inv. & Agency Co. v. McClelland, 86 Tex. 179, 23 S.W. 576 (Tex.1893), this Court described the resulting rule:


Neither the courts nor the legislature of this state have ever recognized the rule of the common law of England which requires every man to restrain his cattle either by tethering or by inclosure.... It is the right of every owner of domestic animals in this state, not known to be diseased, vicious, or "breachy," to allow them to run at large....
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But if you have fenced off your property and the animals enter your property, then you can sue--or if local rules provide otherwise.
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