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 →

*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 →

*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 →