neighbor's cows
- Thread starter meboyles
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J+ Cattle
Well-known member
Call your neighbor and invite him over to your place this weekend for the big hamburger cookout, no need to bring anything he has already contributed enough. :lol:
J+
J+
Earl Thigpen
Well-known member
Been there, done that - several times. Last time neighbors butt ugly bull tore the fence down and got in he got a little tangled up in the wire. Dang near ripped his undercarrage off.
I sure can't advise someone else what to do in their situation but for me, next time it happens he's going home talking like a little girl.
I sure can't advise someone else what to do in their situation but for me, next time it happens he's going home talking like a little girl.
HEREFORD ROADHOG
Well-known member
30-06
I might be wrong about this but, I think here in Texas you can advertise the animal in the lost and found for several weeks and if no one comes to pick it up, it's yours. Then you can sell it, butcher it etc. Check with your local sheriff's office.
My neighbor's cattle regularly roam the area. I penned 5 heifers about three weeks ago and called him. He picked them up after two days. Last week several of his cow/calves were on the county road. Right now there is a pretty little heifer that belongs to the neighbor that has been running with my cows for over a week.
I'm not calling him this time. If this was last year when I fed hay year round it'd be different, but this has been an easy year with plenty of grass so one more mouth won't hurt.
My neighbor's cattle regularly roam the area. I penned 5 heifers about three weeks ago and called him. He picked them up after two days. Last week several of his cow/calves were on the county road. Right now there is a pretty little heifer that belongs to the neighbor that has been running with my cows for over a week.
I'm not calling him this time. If this was last year when I fed hay year round it'd be different, but this has been an easy year with plenty of grass so one more mouth won't hurt.
Caustic Burno
Well-known member
A6gal":1i5x3qik said:
Wrong its just like the people that say shoot them or sale them.
Sec. 142.003. DISCOVERY OF ESTRAY; NOTICE.
(a) If an estray, without being herded with other livestock, roams about the property of a person without that person's permission or roams about public property, the owner of the private property or the custodian of the public property, as applicable, shall, as soon as reasonably possible, report the presence of the estray to the sheriff of the county in which the estray is discovered.
(b) After receiving a report under Subsection (a) of this section that an estray has been discovered on private property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported.
(c) After receiving a report under Subsection (a) of this section that an estray has been discovered on public property, the sheriff or the sheriff's designee shall notify the owner, if known, that the estray's location has been reported, except that if the sheriff or his designee determines that the estray is dangerous to the public, he may immediately impound the estray without notifying the owner. If the owner does not immediately remove the estray, the sheriff or the sheriff's designee shall proceed with the impoundment process prescribed by Section 142.009 of this code.
Sec. 142.004. REDEMPTION.
(a) The owner of the estray may redeem the estray from the owner or occupant of private property by the payment of fees and damages as provided by this chapter.
(b) If the owner of the estray does not redeem the estray within a reasonable time after notification, the sheriff or the sheriff's designee shall, at the request of the property owner, proceed immediately with the impoundment process prescribed by Section 142.009 of this code. During that period, the estray may not be used for any purpose by the owner or occupant of the property.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.005. COLLECTION FEE.
(a) If the sheriff or the sheriff's designee is present at the time of the collection of the estray, the sheriff or the sheriff's designee may require the owner of the estray to pay before the estray is removed a collection fee in an amount set by the sheriff not to exceed $25.
(b) A person who disagrees with the amount of the fee set by the sheriff under Subsection (a) of this section may petition the justice court in the manner provided by Section 142.007 of this code and may appeal the justice court decision as provided by Section 142.008 of this code.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.006. AMOUNT OF REDEMPTION PAYMENT.
(a) A person on whose property an estray is found is entitled to receive from the owner of the estray the payment of a reasonable amount for maintenance and damages, if the original notice of the discovery of the estray was given to the sheriff not later than the fifth day after the date of discovery.
(b) The owner of the property may:
(1) accept payment in an agreed amount from the owner of the estray; or
(2) file a petition under Section 142.007 of this code in the justice court having jurisdiction and have the amount of the payment determined by the justice of the peace.
(c) If the owner of the property files a petition under Subdivision (2) of Subsection (b) of this section, the owner of the estray is entitled to remove the estray.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.007. JUSTICE COURT PETITION. A petition seeking a justice court determination of the amount of a redemption payment or the amount of a collection fee must contain the following information:
(1) the name of the owner of the estray;
(2) a description of the estray;
(3) the number of days the estray was trespassing;
(4) the name of the owner of the property;
(5) the purpose for which the land on which the trespass occurred is used; and
(6) a statement that the estray owner and the property owner are unable to agree on the amount of the
payment.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.008. APPEAL OF COURT AWARD.
(a) If either the owner of the estray or the owner of the property disagrees with a justice's assessment of the payment amount under Subdivision (2) of Subsection (b) of Section 142.006 of this code or the payment amount under Subsection (b) of Section 142.005 of this code, the amount in question shall be finally determined according to the procedure prescribed by this section.
(b) The complainant begins the appeal by filing a petition that gives the information listed in Section 142.007 of this
code.
(c) The justice of the peace shall appoint three disinterested persons familiar with livestock and agriculture who reside in the county as special commissioners to determine the amount owed, if any, to the owner of the property or the sheriff, taking into account the time of the notice of discovery given by the property owner.
(d) At the request of the special commissioners for their proceedings, the justice of the peace may compel the attendance of witnesses and the production of testimony, administer oaths, and punish for contempt. The commissioners' decision as to the amount of any payment is final.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.009. IMPOUNDMENT OF ESTRAY.
(a) The sheriff or the sheriff's designee shall impound an estray and hold it for disposition as provided by this chapter
if:
(1) the owner of the estray is unknown;
(2) the sheriff or the sheriff's designee is unable to notify the owner;
(3) the estray is dangerous to the public;
(4) the estray is located on public property and after notification is not immediately removed by the owner;
or
(5) the estray is located on private property and is not redeemed within a reasonable time after notification.
(b) After impounding an estray, the sheriff or sheriff's designee shall prepare a notice of estray stating at least:
(1) the name and address of the person who reported the estray to the sheriff;
(2) the location of the estray when found;
(3) the location of the estray until disposition; and
(4) a description of the animal, including its breed, if known, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics.
(c) The sheriff or sheriff's designee shall file each notice of estray in the estray records in the office of the county clerk.
(d) If the owner of the estray is unknown, the sheriff or the sheriff's designee shall make a diligent search for the identity of the owner of the estray, including a search in the county register of recorded brands, if the animal has an identifiable brand. If the search does not reveal the owner, the sheriff shall advertise the impoundment of the estray in a newspaper of general circulation in the county at least twice during the 15 days after the date of impoundment and shall post a notice of the impoundment on the public notice board of the courthouse.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.010. RECOVERY OF IMPOUNDED ESTRAY BY OWNER.
(a) The owner of an estray may recover possession of the estray at any time before the estray is sold under this chapter if:
(1) the owner has provided the sheriff or the sheriff's designee with an affidavit of ownership under this
section;
(2) the sheriff or the sheriff's designee has approved the affidavit of ownership;
(3) the approved affidavit of ownership has been filed in the estray records of the county clerk;
(4) the owner has paid all estray handling expenses under this section;
(5) the owner has executed an affidavit of receipt of estray under this section and delivered it to the sheriff;
and
(6) the sheriff has filed the affidavit of receipt of estray in the estray records of the county clerk.
(b) An affidavit of ownership must contain at least the following information:
(1) the name and address of the owner
(2) the date the owner discovered that the animal was an estray;
(3) the property from which the animal strayed;
(4) a description of the animal, including its breed, color, sex, age, size, markings of any kind, including ear markings and brands, and other identifying characteristics; and
(5) a sworn statement that the affiant is the owner or caretaker of the animal.
(c) The owner of the estray shall pay the expenses incurred by a person or by a sheriff, sheriff's designee, or the county in impounding, handling, seeking the owner of, or selling the estray. The sheriff is also entitled to a collection fee as provided by Section 142.005 of this code. The total amount of the payment is determined by the sheriff.
d) A person who disagrees with the amount of the payment set by the sheriff in Subsection (c) of this section may petition the justice court in the manner provided by Section 142.007 of this code and may appeal the justice court decision as provided by Section 142.008 of this code.
(e) An affidavit of receipt of estray must contain at least the following information:
(1) the name and address of the person receiving the estray;
(2) the date of receipt of the estray;
(3) the method of claim to the estray, either previous owner or purchaser at sale;
(4) if purchased at sale, the amount of the gross purchase price of the estray;
(5) the estray handling expenses paid; and
(6) the net proceeds of any sale of the estray.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.011. USE OF ESTRAY. During the period an estray is held by the sheriff, the estray may not be used for any purpose.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.012. ESCAPE OR DEATH OF IMPOUNDED ESTRAY. If the animal dies or escapes while impounded, the sheriff shall make a written report of the death or escape and file the report with the county clerk for placement in the county estray records.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987.
Sec. 142.013. DISPOSITION OR SALE OF IMPOUNDED ESTRAYS.
(a) If the ownership of an estray is not determined before the third day after the date of the final advertisement under this chapter or if the estray is not redeemed before the 18th day after the date of impoundment, the county has title to the estray and the sheriff shall, except as provided by Subsection (e), cause the estray to be sold at a sheriff's sale or public auction licensed by the United States Department of Agriculture. Title to the estray is considered vested in the sheriff or the sheriff's designee for purposes of passing good title, free and clear of all claims, to the purchaser at the sale or for the purposes of Subsection (e).
(b) The sheriff shall receive the proceeds of the sale and shall allocate those proceeds in the following order of priority:
(1) payment of the expenses of sale;
(2) payment of the impoundment fee and other charges due the sheriff; and
(3) if applicable, payment of any amount for maintenance and damages due the owners of the private property from which the estray was impounded.
(c) The sheriff shall execute a report of sale of impounded livestock and file the report in the estray records of the county clerk.
(d) If there are sale proceeds remaining from the sale of an impounded estray after all expenses have been paid, the sheriff shall pay the balance to the owner, if known. If the owner is still unknown, the sheriff shall pay the balance to the county official charged with collecting and disbursing county funds, who shall deposit any payment received to the credit of the jury fund of the county for the uses made of that fund, subject to claim by the original owner of the estray.
(e) If a sheriff determines that the sale of an estray under this section is unlikely to generate sufficient proceeds to cover the expense of the sale, the sheriff may, instead of selling the estray:
(1) donate the estray to a nonprofit organization; or
(2) retain the estray and use it for county purposes.
Amended by Acts 1987, 70th Leg., ch. 51, Sec. 1, eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 1329, Sec. 1, 2, eff. Sept. 1, 1999.
Sec. 142.014. RECOVERY BY OWNER OF PROCEEDS OF SALE. Within one year after the date of sale of an estray under this chapter, the original owner of the estray may recover the net proceeds of the sale if:
(1) the owner has provided the sheriff with an affidavit of ownership containing the information prescribed by Subsection (b) of Section 142.010 of this code;
(2) the sheriff has approved the affidavit;
(3) the approved affidavit has been filed in the estray records of the county clerk; and
(4) the sheriff has signed a county voucher directing the payment.
Dave
Well-known member
Call the sheriff.
I know in Washington you can pen it up and feed it until the owner claims it. He would have to pay the board bill before he can get it back. Something like $20 a day would not be considered unreasonable board. And at $20 a day if the owner doesn't get around to coming to get it for a few weeks so much the better.
I know in Washington you can pen it up and feed it until the owner claims it. He would have to pay the board bill before he can get it back. Something like $20 a day would not be considered unreasonable board. And at $20 a day if the owner doesn't get around to coming to get it for a few weeks so much the better.
Thanks Caustic for setting us straight. I did say I could be wrong and to check with the sheriff before doing anything.
Anyway, with all those rules and regulations it would be easier to pen it, load it, and take it back home if you know the owner.
Anyway, with all those rules and regulations it would be easier to pen it, load it, and take it back home if you know the owner.
houstoncutter
Well-known member
Caustic Burno":fvl195sx said:
You do have the right in Texas to protect your property and livestock, and yourself...I agree that you try the law first, after that its shoot ....shovel ... and shut up... Imagine you have a group of heifers that are cycling and along comes a Big Ole Brammer bull....we all know what happens when a brammer breeds another breed other than Brahman.....big ole dead calves and first calf heifers....Now maybe you are gonna call the sheriff.....me.. I am going to protect my property.... which is my right in Texas....That animal damaging my property is not any different that someone breaking into your home.
I agree with Caustic. Follow the law. Now I know in Texas right now it is so wet you probably can't take a truck out in the pastures (not a problem HERE!); but I have never encountered a bull I could not run silly with a pickup truck and a pack of dogs. Run him into your chute, Run him home, failing that run him 5 miles down the road; but killing the animal is an incredibly extreme response to a problem that is pretty routine in this business.
tmaygspeara
Active member
take him to the sale barn. no one will notice
TheBullLady
Well-known member
Must be an epidemic. Our stupid old neighbor who's animals have gotten out on us repeatedly for the 15 years we've been here are now on the run again. He "fixes" the fence with baling wire and they stay home for awhile, and then come back again. They are so nuts at this point that if you get into their site they will run back in / over the fence they came in at. I'm totally fed up with it. I've put them back in three times since this weekend, and hubby spent this morning fixing the fence.. again. Problem is they don't stay long enough for the sheriff to come and I highly doubt that our sheriff would waste time on this anyway. I may have to find out myself soon.
It is a totally frustrating experience, no doubt about it.
It is a totally frustrating experience, no doubt about it.
Neighbors crazy cow ended up in my pasture last winter. When i told him, he said to get three bales of hay from his barn and take her to the sale when i go. Got the hay and took the cow the next day(he got the $)
BC
Well-known member
I have been on both sides of this fence. Some of you are too quick to shoot an animal. In Texas, you are liable if you shoot him. Besides that if he survives (the old buckshot thing) then their is a problem with the buckshot pellets in the meat when he is eventually sold and butchered.
I once owned a bull that was not satified with just the girls I provided. If there was a cow in heat he was going to her. I worked on the fences, put a hot wire offset on the perimeter, a ring and 1 1/2 foot chain in his nose and still could not keep him home. 3 strikes and he was out and off to the sale barn. I have never owned a bull since then that had as good and as consistent as calves, BUT realations with all my neigbors was worth more.
I once owned a bull that was not satified with just the girls I provided. If there was a cow in heat he was going to her. I worked on the fences, put a hot wire offset on the perimeter, a ring and 1 1/2 foot chain in his nose and still could not keep him home. 3 strikes and he was out and off to the sale barn. I have never owned a bull since then that had as good and as consistent as calves, BUT realations with all my neigbors was worth more.
Caustic Burno
Well-known member
BC":1fjrhihw said:
Whats funny about all these shooters is they think bullets only go one way. That neighbor can become just like Santa Claus knowing when you are home and not. You will never win trying to fight your neighbor for the rest of your life, let the law handle this one.
TnWI
Well-known member
I had a similar problem with cows and horses coming to visit me at all hours of the day, and we aren't talking about one lonely bull, we are talking about 15 head of cattle, and 5 horses that hate humans. After calling twice and getting no response, I asked my dogs to "TAKE EM HOME!" The cows went home alright, through a beautifully plowed field (his of course) and 2 fence lines ..... he must have gotten my point cause I haven't seen them back since. The horses however, I had to call the police and get them involved - and after the stud did a standoff in the middle of the road with the police car, there was a fine issued, and a request the animals either be kept in a decent fence OR sell them -- haven't heard from them this summer yet either.
GMN
Well-known member
Caustic Burno":2lewdztk said:
Only if he knows who shot the bull, sounds like he doesn't care one way or another, where his animals are, and doesn't even know they are missing. I wonder what he would do if he got a lawsuit slapped against him for a person driving along that ran into the bull on the road when he was out?
We have this same problem with the neighbor here, she is clueless, she says she goes out and fixes her cobble job fence, but its only patching, her fence is a joke. The county replaced a bridge down where are bottoms are alongside each other, and we haven't gotten a fence back up, so her animals have gotten out several times on our green graze, etc.. and we have chased them back in, and locked them out of the bottom, but they are wild freaks, no fence can hold them. To me, anyone who has animals should be responsible for them, and if they play ingnorant, they face the consequences of their animals not coming home someday. Its not our responsibility to keep her animals fed and in, and if she isn't willing to do it, she needs to sell them.
Gail
Maybe I'm wrong but in Colo I think the law says you have to fence them out not that they have to fence them in.
However a friend lost a big lawsuit a few years back when 2 of his horses were on the hiway and a fella destroyed his car and himself when he hit them.
Ironic part was he was sneaking home to his wife after spending the night with his girlfriend. Didn't faze the judge though he threw the book at my buddy, for not keeping them inside the fence.
However a friend lost a big lawsuit a few years back when 2 of his horses were on the hiway and a fella destroyed his car and himself when he hit them.
Ironic part was he was sneaking home to his wife after spending the night with his girlfriend. Didn't faze the judge though he threw the book at my buddy, for not keeping them inside the fence.
