Livestock Fencing in Texas – Who is Responsible For It?
Among the different problems that Texas livestock owners face in trying to keep their animals contained, livestock fencing concerns are extremely common.
There are many laws pertaining to livestock fences and how they must function to protect both property owners and animals.
Whether protecting cattle, horses, or other animals, it is essential that livestock owners understand their responsibilities to provide livestock fencing and keep it maintained to prevent liability situations.
Texas Laws On Livestock Fencing and Owner Liability
Livestock fences are used to contain owned animals and keep them from trespassing on neighboring properties, even out on the open range.
In Texas, owners of livestock must keep their animals contained using suitable livestock fencing that creates boundaries, preventing them from accessing someone else’s private land.
Suitable fencing must also be put up to keep animals off roads and highways for safety reasons.
Additionally, as Texas law gives oil and gas companies the right to enter properties where mineral rights may be accessed, livestock fences to protect the animals plus the necessary provisions in mineral contracts on the safety of the animals are even more important.
Ultimately, it is usually livestock owners who are liable when their fences fail to contain animals, so good fencing is essential.
Who Pays to Install and Maintain Livestock Fences?
Regardless of the fact that all responsibility for the placement of livestock fencing lies with the livestock owners themselves, feuds over installation and maintenance costs often erupt between neighbors and/or separate property owners.
Legally, the cost of building the fence is the responsibility of the property owner seeking to contain their livestock, as it would be with any other fence installed for any other purpose.
Even if a part of the livestock fence borders on a neighbor’s property, the only time a neighbor might be partially responsible for costs would be if both neighbors agree ahead of time to share the cost due to their mutual need for the fence to be there.
Should the fence become damaged regardless of how that happens, Texas law puts the responsibility of repairs on the fence owner, with any agreements on cost or cause being a private affair between the owner and any secondary parties.
In terms of livestock fencing installed to keep animals off highways, the full cost of installation and maintenance is borne by the property and livestock owner, with the state having no responsibility to pay for any fencing.
Similarly, on properties where oil and gas companies may enter for surface access to mineral rights, it is still the owner of the animals who bears the responsibility to install livestock fences around drilling operations to keep their animals safe.
Oil and gas companies may only be found responsible for injuries to animals if it can be proven that they acted intentionally or willfully to allow those injuries to happen.
Avoid Liability Loss With Livestock Fencing Installation and Maintenance
Good fences make good neighbors, especially when referring to livestock fencing designed to contain animals and keep them safe.
For experienced livestock fence installation that adheres to Texas fencing laws and regular maintenance to keep it serviceable, a local fencing company can help.
The right fence positioned in the right place keeps horses, cattle, and other animals safe while preventing liabilities for livestock owners.
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