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Seeking legal advice
Posted: Thu Jun 25, 2026 1:55 pm
by Dantruestory
Hi. Thanks for checking this out and providing any advice. A close family member with 40 acres, in East texas, is facing some legal issues. After setting snare traps in order to catch pest animals that had been digging under his home, he caught two dogs. Both dogs were owned by separate neighbors. My family member had recorded the dogs running all over his property and causing property damage for 3 years. Over this time he had repeatedly requested that the owners keep the animals on their property. Well, with the dogs in traps, no animal control in the county, and no ability to safely get close enough to the animals to free them, he had to dispatch the animals, as he is 70 and on blood thinners and has had the dogs be very aggressive toward him. Now the owners are trying to follow through with charges. Is there any defense or anything my family member can do here?
Re: Seeking legal advice
Posted: Fri Jun 26, 2026 7:42 am
by RoyGBiv
https://animalofthings.com/neighbors-do ... -in-texas/
Under Texas law, you have the legal right to trap and impound trespassing dogs on your property, but you must follow procedures about notifying owners and authorities. Simply trapping the dog and releasing it elsewhere is not permitted. If you trap the animal and remove it, you could face potential criminal liability for theft. The correct approach is to contact animal control and have them take custody of the animal.
Any dog at large may be caught and turned in to animal control, which typically requires the owner to pay release and boarding fees to obtain return of their dogs and would probably result in them obtaining a citation. This is often one of the most effective deterrents against repeat trespassing, since the owner faces both financial consequences and an official record of the violation.
Can You Harm or Kill a Dog That Trespasses on Your Property in Texas
This is one of the most serious questions you can ask, and the answer requires careful understanding of Texas law. The short answer is: in most situations, no — and doing so could expose you to felony criminal charges.
Any person who shoots a non-livestock animal, which includes any stray or feral cat or dog, can be charged with a felony offense. Penal Code 42.092 of the State of Texas law states that a person must have the owner’s consent to kill the animal. This means that simply being on your property does not give you the right to harm a dog. You have no right to kill an animal simply because it is walking on your property in most parts of the country.
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Self-defense is another narrow exception. Using reasonable force against a dog is allowed to protect people, livestock, and property. However, the threat must be immediate and genuine. The animal would need to be overly aggressive and cause substantial damage to your property. If a dog does not endanger you or your property in any way and you kill it, that would be considered animal cruelty.
Also...
Can You Shoot a Dog on Your Property in Texas? What the Law Says
https://animalofthings.com/can-i-shoot- ... -in-texas/
My opinion... I am not a lawyer.. just my opinion..
If there was an opportunity to contact the owners and have them retrieve their dogs from the traps, that might have had some sway in the owners poor behavior. Obviously that comes with its own risks that need to be considered.
I may have also considered calling the police and asking for assistance with getting the aggressive dogs freed and taken from your property.
Not criticizing anyone for actions taken, just exploring options from my armchair on Monday morning.
Re: Seeking legal advice
Posted: Fri Jun 26, 2026 7:43 am
by RoyGBiv
Now the big question... Are we admitting new members now?
It appears the OP joined yesterday.
Re: Seeking legal advice
Posted: Fri Jun 26, 2026 10:56 am
by RoadRunner19cpx
Yes, new members are allowed to join. I could not connect for multiple years under my previous screen name so I had to rejoin.