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WTR wrote: ↑Tue Jul 16, 2019 3:43 pm Well, all is well now. He is gone as his wealthy girlfriend got tired of him and kicked him to the curb. A tight new 5 wire fence was put up. She only runs horses and our cattle are well settled.

Man, I know the pain with a neighbor like that. We ran horses, neighbor lady ran horses. Guess who always paid and worked putting back fencing? Wasn't worth the hassle and fights. Other side was a hay farmer who regularly helped, and he didn't even have a horse :)

Archery1 wrote: ↑Tue Jul 16, 2019 3:30 pm

WTR wrote: ↑Tue Jul 16, 2019 3:19 pm

Archery1 wrote: ↑Tue Jul 16, 2019 3:10 pm

WTR wrote: ↑Tue Jul 16, 2019 2:57 pm

Archery1 wrote: ↑Tue Jul 16, 2019 2:51 pm [quote=WTR post_id=<a href="tel:1256350">1256350</a> time=<a href="tel:1563306460">1563306460</a> user_id=19425]
Was told by a Sheriff’s Deputy in Grayson County that any animal which is branded or tagged ( cattle, goats ,deer-did not discuss Elk) would be considered person property and it would be illegal to dispatch it. If a deer was not tagged and killed, we could go the poaching route.

If you see some, tell them you want removed from your property as the landowner, which they are obligated to do :)

Unfortunately ,if the offending animal has destroyed a “ common” fence, both neighbor are responsible for the cost of repair.

Unless agreed upon, if he wants to keep his animals off your property the animal owner will bear cost or leave fence as be. Point being, the onus is on the animal owner to keep his animals off your property, that's the estray law application. Short of the Sheriff hunting your land with a dart gun or trap, which he won't, the issue legally is for the animal owner not to use your land as grazing for his animals.

We had a very irresponsible “ poor little rich boy” neighbor who could give a flip about the fence. We had both Bison and A longhorn bull destroy it. If we wanted the fence repaired, we had to pay for half of the repairs. He ultimately got rid of his animals but we wanted to keep ours in our pasture

That's a prime example of shared interest. But, none of that exempted him (or you) from violating the law with animals running loose. If you didn't care about a fence and his animals were the only trespass problem, that's the issue I think the OP has. He's not fenced for animals (assuming), but he has fenced animals not belonging to him on his land. He has no obligation to pay for fence to keep his neighbors animals in their respective place. Tangent topic, but will admit that shooting them and knowing they are tagged to owner would be issue.
[/quote]

WTR wrote: ↑Tue Jul 16, 2019 3:19 pm

Archery1 wrote: ↑Tue Jul 16, 2019 3:10 pm

WTR wrote: ↑Tue Jul 16, 2019 2:57 pm

Archery1 wrote: ↑Tue Jul 16, 2019 2:51 pm [quote=WTR post_id=<a href="tel:1256350">1256350</a> time=<a href="tel:1563306460">1563306460</a> user_id=19425]
Was told by a Sheriff’s Deputy in Grayson County that any animal which is branded or tagged ( cattle, goats ,deer-did not discuss Elk) would be considered person property and it would be illegal to dispatch it. If a deer was not tagged and killed, we could go the poaching route.

If you see some, tell them you want removed from your property as the landowner, which they are obligated to do :)

Unfortunately ,if the offending animal has destroyed a “ common” fence, both neighbor are responsible for the cost of repair.

Unless agreed upon, if he wants to keep his animals off your property the animal owner will bear cost or leave fence as be. Point being, the onus is on the animal owner to keep his animals off your property, that's the estray law application. Short of the Sheriff hunting your land with a dart gun or trap, which he won't, the issue legally is for the animal owner not to use your land as grazing for his animals.

We had a very irresponsible “ poor little rich boy” neighbor who could give a flip about the fence. We had both Bison and A longhorn bull destroy it. If we wanted the fence repaired, we had to pay for half of the repairs. He ultimately got rid of his animals but we wanted to keep ours in our pasture
[/quote]
That's the prime example. But, none of that exempted him (or you) from violating the law with his animals running loose. If you didn't care about a fence and his animals were the only trespass problem, that's the issue I think the OP has. He's not fenced for animals (assuming), but he has fenced animals not belonging to him on his land. He has no obligation to pay for fence to keep his neighbors livestock in their respective place. Tangent topic, but will admit that shooting them and knowing they are tagged to owner would be issue.

Archery1 wrote: ↑Tue Jul 16, 2019 3:10 pm

WTR wrote: ↑Tue Jul 16, 2019 2:57 pm

Archery1 wrote: ↑Tue Jul 16, 2019 2:51 pm [quote=WTR post_id=<a href="tel:1256350">1256350</a> time=<a href="tel:1563306460">1563306460</a> user_id=19425]
Was told by a Sheriff’s Deputy in Grayson County that any animal which is branded or tagged ( cattle, goats ,deer-did not discuss Elk) would be considered person property and it would be illegal to dispatch it. If a deer was not tagged and killed, we could go the poaching route.

If you see some, tell them you want removed from your property as the landowner, which they are obligated to do :)

Unfortunately ,if the offending animal has destroyed a “ common” fence, both neighbor are responsible for the cost of repair.

Unless prior agreed upon, if he wants to keep his animals off your property the animal owner will bear cost or leave fence as be. Point being, the onus is on the animal owner to keep his animals off your property, that's the estray law application. Short of the Sheriff hunting your land with a dart gun or trap, which he won't, the issue legally is for the animal owner not to use your land as grazing for his animals. Seeing a tag, report. Shoot one and then find a tag, let's see.

WTR wrote: ↑Tue Jul 16, 2019 2:57 pm

Archery1 wrote: ↑Tue Jul 16, 2019 2:51 pm [quote=WTR post_id=<a href="tel:1256350">1256350</a> time=<a href="tel:1563306460">1563306460</a> user_id=19425]
Was told by a Sheriff’s Deputy in Grayson County that any animal which is branded or tagged ( cattle, goats ,deer-did not discuss Elk) would be considered person property and it would be illegal to dispatch it. If a deer was not tagged and killed, we could go the poaching route.

If you see some, tell them you want removed from your property as the landowner, which they are obligated to do :)

Unfortunately ,if the offending animal has destroyed a “ common” fence, both neighbor are responsible for the cost of repair.
[/quote]

Unless agreed upon, if he wants to keep his animals off your property the animal owner will bear cost or leave fence as be. Point being, the onus is on the animal owner to keep his animals off your property, that's the estray law application. Short of the Sheriff hunting your land with a dart gun or trap, which he won't, the issue legally is for the animal owner not to use your land as grazing for his animals.

WTR wrote: ↑Tue Jul 16, 2019 2:47 pm Was told by a Sheriff’s Deputy in Grayson County that any animal which is branded or tagged ( cattle, goats ,deer-did not discuss Elk) would be considered person property and it would be illegal to dispatch it. If a deer was not tagged and killed, we could go the poaching route.

If you see some, tell them you want removed from your property as the landowner, which they are obligated to do :)

WTR wrote: ↑Tue Jul 16, 2019 2:15 pm

Archery1 wrote: ↑Tue Jul 16, 2019 2:05 pm Your question is more is it ethical. But, then, how would one herd it back to the landowner. Otherwise, game and wild animals are not livestock. They belong to the public domain, regulated for taking by state and federal regulations. We are not in merry old England.

The Elk is essintially “ branded” with his ear tags. You shoot it and are caught you get arrested. You just need to report the animal and the authorities are obligated to pick it up. The owner will be held responsible for any associated cost . Talk to a Sheriff before you give advise. Thanks

TPW advised that one should report (that is if known to tagged) according to astray laws: Hunting

"Are exotic animals that happen to show up on my property fair game?

It depends! If an exotic animal has a visible tag, brand, or other identifying mark, a person should contact the local sheriff's office and report the exotic animal. Texas estray laws apply to marked exotic animals and the local sheriff is responsible for their enforcement. Exotic animals that are not marked and are free ranging that have wandered onto private property may be hunted with a hunting license, provided the owner of the property allows hunting. However, if an exotic animal appears on your property and you know that it is privately owned, then the ethical approach is to contact the owner."

The OP knows, so ethically, as stated, it's their choice. Game animals are migratory by nature. If he shot and found a tag, or chose to unethical, there's nothing to state punishment.

Your question is more is it ethical. But, then, how would one herd it back to the landowner. Otherwise, game and wild animals are not livestock. They belong to the public domain, regulated for taking by state and federal regulations. We are not in merry old England.