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Do I HAVE to fence?

2,211 Views | 4 Replies | Last: 4 yr ago by GrimesCoAg95
dtkprowler
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AG
We are closing in 3 days on 7 acres from an existing 39 acre tract. 3 sides of our land already has barbed wire and the 4th side opens to the rest of the land. The owner currently has leased out for 5-7 cows on the full 39 acres.

So we notified the seller that we would be opening a section of barbed wire for a driveway in the coming weeks so that he could work out cross fencing off his/our adjoining side or figure out something for the cows.

However, he came back this morning saying it is expected in this type of sale and our responsibility as buyers to build the 4th fence. We never discussed this and it is no where in our communications or contracts. Am I wrong in thinking I have ZERO responsibility in keeping his cows on his property and off the road? I honestly don't care if his cows get on my land in the short term, but I don't want them getting out on the road. Any insight or advice 3 days before closing. Don't want the deal to fall through but also won't be building a fence for him. Thanks for any insight!
SteveBott
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AG
The cows will turn your yard into one big pile of sh-t and destroy any landscaping. I'd offer to the pay half.
CS78
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First, keep quiet and close. Depending on how he has been in the dealings, you might offer to pay half. To answer your question, it's not your responsibility to keep his cows in. https://statutes.capitol.texas.gov/Docs/AG/htm/AG.142.htm
nonameag99
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Depends on the county, MOST counties around major pop centers are closed range but google is your friend

let me help you, google "is my county open range"?

Now what you should do is fence your property line ASAP. I don't care about cows on my land but I want to keep all people off my land as much as possible

The Aggie number specified has already been linked with another TexAgs account.
dc509
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AG
If he becomes too much of an ass put the fence up in a way that cuts off access to his cows. Unless the contract says you will give him an easement landowners are under no obligation to grant and easement.
GrimesCoAg95
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AG
Half it. You both benefit from the fence. It will be hard for him the lease it in the future without complete fencing. You also don't want the cattle on your property/road.

How many feet of fence are we talking about here?
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