Texas Fencing Laws & Livestock Liability | Complete Guide
Essential guide to Texas fencing laws, open range vs closed range rules, livestock liability, and boundary fence requirements for ranch and rural property owners.
Why Fencing Laws Matter for Texas Landowners
Texas has some of the most unique and historically rooted fencing laws in the country. Whether you already own rural acreage or are considering buying Texas ranch land, understanding fencing responsibilities, livestock liability, and stock laws is key.
Texas fencing laws impact:
- Who is responsible for livestock escapes
- Who pays for shared fence maintenance
- What happens if a cow or horse enters a roadway
- Whether a landowner must fence IN or OUT livestock
- How boundary lines and fence disputes are settled
If you own or plan to own acreage—whether it’s for ranching, hunting, recreation or investment—these laws can affect operational costs, liability and long-term land strategy.
Texas Is Historically an Open Range State
Texas has always been an open range state—meaning livestock owners are not automatically required to fence animals in unless a local rule says otherwise.
Open Range (Default Rule)
Under open range:
- Livestock can roam free
- Landowners must fence animals out, not in
- Livestock owners are generally not liable if their animals wander onto non-highway roads
Closed Range (Local Stock Laws)
Many Texas counties have passed stock laws that supersede open range rules.
Under closed range:
- Livestock must be fenced in
- Owners are more likely to be held liable for loose animals
- Fencing responsibility falls on the livestock owner
Figuring out if your property is open or closed range is a critical step for any rural buyer.
How to Check if Your Land is Open or Closed Range
Texas fencing laws often vary by county—and sometimes by precinct.
To check stock laws for your property:
1. Contact the County Clerk
The county clerk has the official record of stock law elections.
2. Review Local Ordinances
Some counties post their stock laws online.
3. Use Official State Resources
Livestock Liability in Texas
Livestock liability is crucial for ranch owners, hunters, land investors or anyone buying acreage with fencing needs.
General Liability Rules
Livestock liability depends on whether the area is open range or closed range:
Open Range
- Livestock owners are not typically liable when animals escape onto most roadways
- Exception: Owners can be liable for livestock on state or U.S. highways
Closed Range
- Livestock owners are more likely to be held responsible when animals escape
- Some counties have strict liability standards
Negligence Always Matters
Regardless of open/closed range status, owners can be liable if careless maintenance or broken fences cause livestock to escape.
Partition Fences: Shared Boundary Responsibilities
Texas doesn’t have a universal rule for who pays for a fence on a shared boundary line.
However, in practice:
- Neighbors often share cost by agreement
- Written agreements avoid disputes
- Counties may adopt additional rules
If you’re buying rural acreage, it’s smart to review all visible boundary fences and confirm who owns, maintains or shares them.
Common Fences Used on Texas Ranches
Different land uses require different fencing types. The most common are:
- Barbed Wire Fencing – Traditional cattle fencing
- Net Wire (Sheep/Goat) – For small livestock or predator control
- Game-Proof High Fencing – Used for exotics & wildlife management
- Combination Fencing – For mixed livestock or ranch/hunting operations
If a buyer plans to run exotics or specialty livestock, fence installation requirements can impact ranch selection and costs.
Liability for Landowners
Texas landowners should remember:
- Motor vehicle collisions involving livestock vary in liability depending on roadway
- Fences not maintained (negligence) can create liability
- Boundary disputes rely on surveys and written fence agreements
That’s why surveying, documentation and fence inspection during a land purchase matter.
Texas Landowner Tips
To avoid liability or disputes, we recommend:
1. Check Local Stock Laws
Every county is different.
2. Write Fence Agreements
For partition fences, put cost sharing and responsibilities in writing.
3. Mark Gates & Cattle Guards
Labeling prevents accidental trespass or gate-related livestock escapes.
4. Inspect Fences Regularly
Vegetation, erosion or storm damage can weaken fences over time.
5. Clarify Fencing in Leases
Hunting leases and grazing leases often have fencing clauses.
Buying Land in Texas? Fencing & Liability Should Be a Factor
If you’re looking at a property for ranching, hunting, livestock, recreation, or long-term investment, fencing laws will help you anticipate costs, plan improvements and protect your interests as a landowner.
Texas Land Brokerage helps buyers choose the right tract based on wildlife, livestock use, access, fencing needs, tax exemptions and long-term land goals.