Category Archives: Questions from Tiffany’s Desk

Questions from Tiffany’s Desk: Can a landowner place a gate across a “free and uninterrupted” easement?

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Question:  I am able to access my property by a written, recorded easement that states I have “uninterrupted and free use” of the easement.  The owner of the servient estate (the person over whose land the easement crosses) has built a gate across the easement.  Can he do that across an easement that grants “uninterrupted and free use?” Answer:  Likely not. Keep in mind that every easement is different and even slight changes in wording could change the way a court might interpret the document.  So, it is… Read More →

Questions from Tiffany’s Desk: Can One Co-Owner Grant an Easement to a Third-Party?

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Question:  Can one co-owner of property grant an easement to a third party or is consent from all co-owners required? Answer:  “It is well settled that a tenant in common cannot, without the precedent authority or subsequent ratification of his cotenants, impose an easement or dedication upon the common property in favor of a third party.”   See Tex. Mortg. Co. v. Phillips Petrol. Co., 470 F.2d 497 (5th Cir. 1972) (applying Texas law).  In other words, without the consent of all co-owners, or their subsequent agreement to the terms… Read More →

Questions from Tiffany’s Desk: What can I do to stop my neighbor from spraying my property?

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Question:  What can I do to stop my neighbor or a crop duster from spraying my property? Answer:  Unfortunately, applications of various pesticides can result in drift and damage neighboring property owners.  In the event this happens, it is important for a neighbor to know what steps may be available to remedy the situation. First and foremost, the neighbor who is suffering drift should document any evidence, including taking photographs or samples of damaged crops or foliage, documenting wind speed, direction, temperature, and getting statements from any witnesses… Read More →

Questions from Tiffany’s Desk: What Are the Stray Livestock Rules?

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Question:  What are the rules if stray livestock shows up on my property?  Can I keep them? Answer:  The popular adage “finders keepers, losers weepers” may apply on the playground, but it does not apply when it comes to stray livestock. The Texas Agriculture Code, Chapter 142 deals with procedures regarding stray livestock, exotic livestock, bison, and foul.  The rules apply not only to the owner of the land on which the strays have wandered, but also to a lessee, occupant, or caretaker of such land. Reporting Stray… Read More →

Questions from Tiffany’s Desk: Does an Oil Company Have to Fence Around Well To Protect Livestock?

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Question: Does an oil and gas company who is drilling on ranch land have an obligation to put up a fence around the well to prevent livestock from being injured? Answer:  Believe it or not, the answer is no.  Texas law is clear that an oil and gas company is under no legal obligation to fence around operations areas to protect a surface owner’s livestock.  This can (and should) be changed by terms in an oil and gas lease or surface use agreement. First, let’s consider the applicable… Read More →

Questions from Tiffany’s Desk: What If Dogs Are Threatening My Livestock?

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Question:  What can I do if dogs are threatening to harm or have harmed my livestock? Answer:  Texas has a statute that answers this exact question, the Texas Health and Safety Code Section 822.013.  This statute may be broken into three prongs. First, the statute applies if dogs or coyotes either (a) is attacking, (b) is about to attack, or (c) has recently attacked covered animals.  As the statute makes clear, it applies only to situations where the animal is attacking, is about to attack or has recently… Read More →

Questions from Tiffany’s Desk: Is that liability release worth more the paper it’s written on?

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Question:  This is one I get a lot when I give presentations suggesting the use of liability releases before allowing people on your property to undertake certain activities like hunting or riding horses.  Are these releases enforceable?  As one gentleman put it, “Is a liability release worth any more than the paper it’s written on?” Answer:  If drafted correctly, a liability release is enforceable under Texas law and may allow the released party to avoid liablity.  Releases, however, are not favored and are narrowly construed against the released… Read More →

Questions from Tiffany’s Desk: How Do I Find Out If I Own Mineral Rights?

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Question:  I own property in Texas.  How can I find out whether I own the mineral rights as well? Answer: Without question, this is one of the most common questions I am asked by Texas landowners.  As the question notes, in Texas, mineral ownership can be (and often is) severed from surface ownership.  Oftentimes these severances occurred several generations ago, leaving current owners unsure of their ownership status.  Further complicating the issue is the fact that ownership of mineral rights may be divided in a number of ways,… Read More →

Questions from Tiffany’s Desk: Set Back Rules for Pipelines and Oil Rigs

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Question:  Is there a rule requiring a certain setback distance between a home and an oil or gas well or pipeline? Answer:  There is no state-wide setback rule for oil and gas wells or pipelines in Texas.  The state agency charged with governing oil and gas production, the Texas Railroad Commission, has passed no such state-wide regulation.  According to the Texas Railroad Commission website, “The Railroad Commission does not regulate how close a gas or oil well can be drilled to a residential property.” Instead, the RRC has… Read More →

Questions from Tiffany’s Desk: Where Can We Hear You Speak?

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*This article is not a substitute for the advice of an attorney.* Question:  We have read your blog and are wondering if you will be speaking in our area sometime soon.  Where can we hear you speak? Answer:  My absolute favorite part of working for Texas A&M Agrilife Extension is getting to go out and about around the state speaking at various programs!  Generally, I am asked to come to speak at a program by the County Extension Agent, who sets up the program and advertises it through various methods including… Read More →