My question involves personal property located in the State of: Texas We are having a problem with the neighbor's dogs (minimum of 6) constantly coming onto our property every day and multiple times a day - peeing and defecating in both our front and back yards, plus coming onto our property when we are outside and constantly barking at us. They have gotten into our garage twice and torn up garbage bags and anyone who drives up to our house is afraid to even get out of their vehicle due to the dogs running over and barking at them.
We have asked the neighbor to make an effort to keep the dogs on their own property but they say their dogs can run loose because this is "country" and they own 10 acres or more.
I looked up the county ordinance under Restraint and it states "Dogs may be unrestrained for landowners when used for ranching, hunting, farming or guarding on parcels larger than 10 acres and with the permission of the landowner". But wouldn't that clause mean that the dogs can be unrestrained on their own property but can not run loose on other people's property? Don't I have any rights myself as a landowner?
The problem is, even though they own some acres, they built their house right on the edge of their property next to ours and their house is about as close as in a subdivision. And most of their land is fenced pasture so the dogs really have no more than an acre at most to run loose on, which includes the county road. So every day, several times a day, the dogs are on our property.
The county ordinance also states that "All dogs and cats shall be kept under restraint in accordance with the applicable provisions of the Texas Health and Safety Code" and "The owner or custodian of every dog and cat shall be held responsible for any violation of these rules or applicable provisions of Chapters 822 and 826 of the Texas Health & Safety Code". Under Code 826.002 (11) it defines "stray" as meaning "roaming with no physical restraint beyond the premises of an animal's owner or keeper" and in 826.033 (2) "each stray dog or cat be declared a public nuisance".
I would appreciate any opinions as to what my rights are in this situation.