Category Archives: Fence Law

Cow v. Car: Could you be liable?

Earlier this year, I wrote an article for Progressive Cattleman addressing the question of whether a livestock owner could face liability is his or her animals got onto the roadway and were hit by a motorist.  As with most legal questions, the answer is “it depends.”  To read my article, click here. For more information about the Texas law on this topic, check out a prior blog series I did on fencing laws.  You can find Part 1 here and Part 2 here.    

Questions from Tiffany’s Desk: What’s with the Purple Paint?

Question:  We recently moved to rural Texas and I keep seeing purple paint on trees and fence posts.  What’s with the purple paint? Answer:  In Texas, as well as several other states (Illinois, Missouri, North Carolina, Florida, Arkansas), purple paint is a method of prohibiting trespassing.  Basically, the purple paint is one alternative to posting “No Trespassing” signs. The Texas Penal Code 30.05 provides that a person commits criminal trespass if he or she (1) enters or remains on the property of another; (2) without effective consent; and (3)… Read More →

Texas Fence Law: Open Range….Or Not? (Part 2)

*This article is not a substitute for the advice of an attorney.* Today we have Part 2 in this series providing an overview of Texas fence laws.  Last Monday, we walked through the laws pertaining to fence law and liability in Texas.  Today, we will look at examples of how these laws are applied.  How Does This All Work? Let’s use a hypothetical example to help explain how the law works in the different areas.  Assume that a horse was grazing in a pasture next to a roadway… Read More →

Texas Fence Law: Open Range….or Not? (Part 1)

*This article is not a substitute for the advice of an attorney.* Most Texans are quick to note that Texas is an “open range” or a “fence out” state, meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway.  Technically, this is a true statement of the common law in Texas.  There are, however, two major exceptions to this rule that are extremely important for livestock owners to be aware of. Today, we will review the general fence law in Texas and the… Read More →