Legal Question in Real Estate Law in Texas

Dear Sir/Madam

We own 123 acres of land in Cherokee County, TX. We do not live on the property but do spend quite a bit of time there.

Recently my neighbors cattle broke through the fence of one of our common neighbors property. The cattle eventually made their way onto our property. Through the use of game cameras I verified that the cattle were on our property for at least 8 days.

I entered our property and noticed the cattle traffic. I then investigated and determined that the owners must have removed our gate and brought their truck and trailer onto our land to retrieve their cattle. They apparently used our fenced in yard to corral their cattle.

Now I understand that cattle break through fences from time to time. I really do not have an issue with that. I also understand that the owners of the cattle have a right to retrieve their property. My primary issue is their entering our property without our permission. Do cattle owners have the right to enter others property without permission? This occurred over two weeks ago and the cattle owners still have not notified us that they entered our property. I have the name and number of the cattle owners as I obtained it through the County Appraisal District. This is clearly a situation where a telephone call would have gone a long way. How do I protect myself from this happening again? New signs will be posted this weekend and I will have my contact information written on the back side of the signs.

Asked on 12/17/10, 6:24 am

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

as one who lives in the neighbors would reject any inference to "the law: which certainly favors the landowner but does nothing to correct the problem. Yes, they should have called..but frequently they don't..we built betterr fences to avoid the problem.

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Answered on 12/22/10, 6:51 am

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