Texas Ranch Journal Summer 2021

Summer 20211

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CONTENTS 2

A NOTE FROM OUR BROKER

11 WHY YOU SHOULD LIST WITH TEXAS RANCH SALES

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BROKER ASSOCIATES

ON THE COVER HIDDEN RIVER RANCH IN REAL COUNTY, TEXAS LISTED BY: ZAC KERBOW

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ARTICLE: HOW MANY ANIMALS CAN THIS PROPERTY SUPPORT? BY: JULIE ZIMMERMAN MORRIS

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ARTICLE: DIVE INTO POSSIBILITY BY: CAPITAL FARM CREDIT

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ASSOCIATES

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10 TOP 10 RANKINGS

ARTICLE: COURT ADDRESSES PROPERTY LINE DISPUTE INVOLVING FENCE AND 100-YEAR OLD AGREEMENT BY: TIFFANY DOWELL LASHMET

RECIPE: BANGIN’ PAN SAUSAGE BREAKFAST BY: MATTI TACKETT

TEXAS RANCH SALES, L.L.C.

920 South Main Street Boerne, Texas 78006 830.741.8906

FROM THE BROKER

What a year 2021 has been, and we are only half-way through the year! It is truly a time unlike even the most seasoned Texas Ranch Sales Associates and Associate Brokers have seen before. In January, the entire Texas Ranch Sales team hit the ground running and they have not grown weary; they have not stopped.

The fire has continued to burn and increased in intensity. We are thrilled and excited at the momentum that the Texas Ranch Sales team has maintained in Farm & Ranch sales and the listings aquired that are a testament to the integrity of the whole Texas Ranch Sales Company.

The Texas Ranch Sales COO, Dave Wilcox, has continued to motivate and inspire. A testament to his diligence is having some of the most talented farm and ranch real estate professionals representing the Texas Ranch Sales brand across our great state. Our team is striving every day to connect buyers to their dream property and making it possible for sellers to move on to their next adventures. Our team is truly outstanding, and I couldn’t be prouder.

Austi Garrett and her staff continually turn out marketing for every property that is never less than exceptional, including the Texas Ranch Journal, which is second to none in the industry. Thank you to the Advertising and Marketing department for a job well done!

A big thank you to our office manager, Janelle Charles, and her girls for keeping everyone organized and things rolling everyday between Associates, customers, and clients.

By Faith, we understand that the universe was formed at God’s command, so that what is seen has not been made of things which are visible. Hebrews 11:3

Sheldon Grothaus Broker & Owner 2

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Texas Ranch Sales Associate brokers

Dave Wilcox, COO San Antonio, Texas

Steve Mabery San Antonio, Texas

Blake Ledyard Austin, Texas

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Texas Ranch Sales Associate brokers

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Zac Kerbow Rocksprings, Texas

Karen Gulick Floresville, Texas

Cynthia Thomas Kerrville, Texas

Andrew Werner Floresville, Texas

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Guy Allcorn Kerrville, Texas

P. Craig Russell Liberty, Texas

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Texas Ranch Sales Associates

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Gene Palmieri La Coste, Texas

Matti Tackett New Braunfels, Texas

Charles Marshall Waco, Texas

Alexis Thompson Lampasas, Texas

Jim Evins La Vernia, Texas

David Light San Antoino, Texas

Wade Hedtke Karnes City, Texas

Becca Vizza Sisterdale, Texas

Zackary Rendon Weatherford, Texas

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Matthew Franek Boerne, Texas

Tully Janszen Cleburne, Texas

Dino Smith Laredo, Texas

Mike Ford Addielou, Texas

Vance Runnels Hondo, Texas

Charles Drennan San Angelo, Texas

Julie Zimmerman Morris Austin, Texas

Ron Young Rockport, Texas

Kris Groda San Antoino, Texas

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Texas Ranch Sales Associates

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Greg West Houston, Texas

Derek Loebbecke San Antonio, Texas

Jeff Petska Collinsville, Texas

Zach Peoples San Marcos, Texas

Kris Cross Harper, Texas

Tyler Beach San Antonio, Texas

Keith Payne Brenham, Texas

Ryder Carpenter Weatherford, Texas

Jessica Grote Fredericksburg, Texas

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Hunter Barrett San Antonio, Texas

Keith Rand Groesbeck, Texas

Jason Manning Amarillo, Texas

Scott Wilson San Angelo, Texas

Braden Coleman College Station, Texas

n i o J

r u o

m a e T SCAN TO LEARN MORE

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2021 YTD RANKINGS

#1

Steve Mabery

#2 David Light

#5

Matthew Franek

#6 Ron Young

#8

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Dino Smith

#7 Tully Janszen

Andrew Werner

#10

#9 Karen Gulick

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#4

#3

Gene Palmieri

Guy Allcorn

Why you should list with Texas Ranch Sales, LLC Unmatched Digital Reach

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Contact us 830.741.8906 info@texasranchsalesllc.com

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Catarosa RANCH 2,596± ACRES | DIMMIT COUNTY, TEXAS

6,500± SQ/FT LODGE 2,600± SQ/FT OWNER’S HOME HIGH-FENCED & CROSS-FENCED 2 BARNS, HORSE STABLES, WORKSHOP 14 ACRES OF DEER PENS GAME CLEANING AREA WITH WALK-IN COOLER 3 WELLS & 10 FISHING PONDS

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Hidden River

RANCH

265± ACRES | REAL COUNTY, TEXAS

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¾ MILE OF WEST FRIO RIVER

NUMEROUS IMPROVEMENTS

2± MILES FROM LEAKEY & AIRPORT

LOW-FENCED & CROSS-FENCED

FRONTAGE ON RR 336

6 WATER WELLS

3 DWELLINGS & 1 BUNKHOUSE

3 SEASONAL CREEKS & SEEP SPRINGS

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R & W Ranch 546± ACRES | SABINE COUNTY, TEXAS

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IMPROVED OPEN PASTURES LOW FENCED & CROSS FENCED SHOP, CATTLE PENS, CHUTE, & HAY BARNS 1 WELL 4 PONDS ALMOST 3 MILES OF CREEKS

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(432) 386-7477 www.ahrensranchandwildlife.com Providing Professional Hunting and Ranch/Wildlife Services

Free Range Aoudad 40+ Species of Exotics Mule Deer Pronghorn Exotic Capture, Sales, & Management Operating on over 500,000 total acres in Texas

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BANGIN’ PAN SAUSAGE BREAKFAST

by Matti Tackett

KICKED UP BISCUITS N GRAVY

ALL IN 1’FFINS INGREDIENTS • • • •

Tater tots 1 package venison pan sausage 8 large eggs Fixings of your choice (bell peppers, jalapenos, onions, mushrooms, etc) • Shredded cheese DIRECTIONS 1. Preheat oven to 425 degrees.

2. Spray large muffin pan with nonstick spray. Place 3 tator-tots in each muffin slot.

3. Bake for 10 minutes.

4. While the tots are in the oven, cook the pan sausage in a large frying pan. Note: You can cook in small patties or crumble it.

5. Remove the pan from the oven. Smash the tator-tots down so they are flattened into each muffin slot.

6. Reduce oven to 375 degrees 7. Add sausage on top of the tots 8. Whisk together the eggs and your fixings. Pour over the sausage and top the mixture with shredded cheese 9. Bake for 15 minutes or until the eggs are airy and firm.

10. Remove immediately and eat!

INGREDIENTS • 1 can of biscuits (preferably the Pillsbury honey or kings Hawaiian flavor) • 1 package of venison pan sausage • 1 small white onion, diced • 1 cup of sliced pickled jalepenos, drained • 1 tsp of brown sugar • 3 tablespoons of butter • 1/3 cup of flour • 3 cups of milk • Black pepper • Garlic powder • Cayenne Pepper DIRECTIONS 1. Preheat oven for biscuits.

2. Brown the pan sausage in a large frying pan over medium heat. When cooked, remove the sausage and place in a bowl.

3. Add 2-3 tablespoons of butter to the grease in the pan.

Melt over medium/high heat.

Note: Venison pan sausage is typically very lean. If you’re using regular ol’ Jimmy Dean or something of the sorts, you’ll have more grease, so use less butter. The less grease from the sausage, the more butter you’ll need…

3. Place the biscuits in the oven and follow directions on package.

4. Add the onions to the butter and sauté till translucent.

5. Add the jalepenos and cook for several minutes, stirring occasionally. Add the teaspoon of brown sugar and cook for 2 more minutes.

6. Return sausage to the pan and mix. Sprinkle the flour over the mixture. Stir thoroughly and cook for 2 minutes.

7. Slowly pour the milk into the pan, stirring constantly.

Bring to a simmer and keep stirring. This will take a few minutes, but this is when the gravy will start to thicken.

8. Season the gravy to your liking- I used black pepper, garlic powder, and cayenne.

9. Plate your biscuits and drench ‘em in this kickin’ gravy.

Serve with a side of Nexium and enjoy!

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Madrones Creek Ranch

740± Acres | Bandera County, Texas

BREATHTAKING HILLTOP VIEWS LIVE WATER & WET-WEATHER CREEKS GALVANIZED HIGH FENCE 5 ELECTRIC WELLS ABUNDANT NATIVE & EXOTICS SPECIES HWY 46 & HWY 16 FRONTAGE FLY-OUT PRIVILEGES VIA ADJOINING AIRSTRIP

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A-Design by Gustavo Arredondo, Inc. provides excellent and intelligent design for exterior, interior and landscape. Every design our firm takes on is much more than a project to us; it’s personal. Our goal is to create a resort-style retreat of comfort, fun and relaxation for you and your family.

A-Design by Gustavo Arredondo, Inc. has been designing multiple unique styles including Tuscan, Spanish, Mediterranean, Italian, Rustic Texan, French Country and many in the United States and Mexico since 1997. Our firm has been dedicated to open and direct communication, building trust and seamless teamwork.

CAPITALFARMCREDIT.COM 210.499.4700 · info@adbyga.com · www.adesignbyga.com

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Medina River Ranch

400± Acres | Bandera & Medina Counties, Texas

LUXURY COMMERCIAL HUNTING RESORT MEDINA LAKE FRONTAGE LODGE, CABINS AND BUNKHOUSE CLEARED PASTURE AREAS HELICOPTER PAD

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Estancia del Corazon Ranch 340± Acres | Brown County, Texas

4BR/3.5BA CUSTOM HOME IN-GROUND POOL HORSE BARN EQUIPMENT BARN

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WELL AND RURAL WATER TWO PONDS LOW-FENCED SOME OF THE BEST WHITETAIL HUNTING IN THE COUNTY

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HOW MANY ANIMALS CAN I would need a REALLY fat piggy bank, if I had a dime for each time I’ve been asked “how many _______(insert random animal here) can I run on this place?”… Sometimes they asked about sheep or goats, sometimes about cattle, even had one ask about an alpaca stocking rate. Short answer…there is no short answer! There will always be follow-up questions about types of forage available and percentage of ground covered by trees and brush versus forage. No fear, I’m going to teach you how to obtain all that info!

Stocking rate is best defined by North Dakota State University’s Miranda Meehan, Extension Livestock Environmental Stewardship Specialist: “stocking rate is the number of specific kinds and classes of animals grazing or using a unit of land for a specific time period”.

Meehan goes on to write “stocking rate has the largest impact on the health of the grassland resource and on animal performance of all management tools available”.

A standard animal unit is 1000 pounds of grazing animal. The following estimations are generic in use. There are extremes to any situation…as a Miniature Hereford herd (a notoriously small cattle breed) will not have the same stocking rate as a Chianina herd (considered one of the largest cattle breeds). The table below is adapted information from the Natural Resource Conservation Service (NRCS) National Range and Pasture Handbook.

ANIMAL ANIMAL UNIT EQUIVALENT Antelope, mature 0.20 Bovine (including Bison & Domestic Cattle) Bull, mature male

1.35

Cow, mature female w/o calf

0.92

Cow, mature female w/ calf

1.00

Deer, mature - White Tail

0.15

Deer, mature - Mule

0.20

Elk, mature 0.60 Goat, mature 0.15 Kid, 1 year old

0.10

Horse, mature 1.25 Sheep, mature 0.20 Lamb, 1 year old

0.15

Miranda Meehan, “Determining Carrying Capacity and Stocking Rates for Range and Pasture in North Dakota,” North Dakota State University - Publications, Nov. 2018, https://www.ag.ndsu.edu/publications/livestock/determining-carryingcapacity-and-stocking-rates-for-range-and-pasture-in-north-dakota.

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How dare I not list the Alpaca animal unit for stocking rate, after that clear teaser in paragraph one? All one must do is simply utilize the average bodyweight of an animal and compare it with 1000 pounds.

Alpaca’s weight aligns with the average mature sheep…boom 5 alpacas equal one animal unit. Now you’re officially ready for trivia night!

For the full animal unit equivalent chart for Texas, check out the Animal Unit Equivalent Chart on the www.nrcs.usda.gov website or scan the QR code.

Now, before I get phone calls from my animal science friends, know there have been many efforts to change this “1940s way of viewing stocking rates” by considering forage intake instead of weight, but I’ve found this is the easiest way to start the process of finding a stocking rate.

THIS PROPERTY SUPPORT?

BY JULIE ZIMMERMAN MORRIS | TEXAS RANCH SALES ASSOCIATE

The next step to finding a stocking rate…figure out what percentage of your pasture/property is covered in grazing land versus “the rest”.

The easiest way to do this is by going to your favorite satellite image site/app (example google earth or apple maps) and type in the closest address you have to your ranch. Once you’ve got the outline, you can more easily spot the various zones you must identify…...

1) dense brush locations, 2) any “no go zones” for livestock - rivers, roads, cliffs, 3) open fields, ideal for grazing (breaking those down later into tame pastures and native pastures). Yes, there will be speculation involved, but thanks to satellite maps, most people can estimate the percentage of their property covered in the previously listed zones.

Tame pastures (typically non-native and high maintenance…thriving with herbicide and fertilizer annually) that are well-maintained can handle one animal unit per 3-6 acres. The native pasture (generally bunch grass types) that has spotty tree coverage will support one animal unit per 8-15 acres. Finally, the areas of dense brush…1 animal unit per 60-75 acres. Now that you’ve fallen out of your chair and realized your property may only support two cows, you see quickly how we can deplete the grasses on our range and pasture. After those grasses are overgrazed, soil erosion issues begin, and before we know it, we’ve basically paid the light bill at the feed store! Don’t be “that guy”.

I’ve given you a good place to start utilizing these basic standards. However, the great state of Texas is large with a rainfall spread running from single digits in the western areas to what may feel like rain forest conditions on the far eastern portion. No matter what, once you’ve got your plan, always give your local county extension agent with the Texas A&M AgriLife Extension Service or your local conservationist with USDA (United States Department of Agriculture)-NRCS a call to “bless” your plan…it’s free to visit with them and they are the professionals! Remember if you ate today to thank a farmer or rancher.

BY: JULIE ZIMMERMAN MORRIS TEXAS RANCH SALES ASSOCIATE jzimmerman@texasranchsalesllc.com 512.924.2550 Julie has a life and love of working in agriculture and the ranching industry. She earned her Bachelor of Science in Agricultural Services and Development from Tarleton State University. Here, she also went on to earn a Master of Science in Agriculture. She spent over 13 years working under the AgriLife umbrella as a County Extension Agent – Agriculture/Natural Resources and Program Coordinator.

Her career and life paved the road and inspiration for her to enter the world of Farm and Ranch Sales. Her experience and knowledge from working the land and working in Agricultural Consulting brings a unique perspective to meeting her client’s goals when buying or selling a ranch property.

SOURCES: 1) Meehan, Miranda. (R1810, Nov. 2018). Determining Carrying Capacity and Stocking Rates for Range and Pasture in North Dakota. Retrieved from https://www.ag.ndsu. edu/publications/livestock/determining-carrying-capacity-and-stocking-rates-for-range-and-pasture-in-north-dakota 2) Nelle, Steve. Stan Reinke, NRCS. (N.D.) Animal Unit Equivalent Chart - Texas Domestic Livestock, Native Wildlife, and Exotic Wildlife. Retrieved from https://www.nrcs.usda. gov/Internet/FSE_DOCUMENTS/nrcs144p2_002433.pdf

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3 Springs Ranch

1,243± ACRES | BROWN COUNTY, TEXAS

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AVAILABLE TO BE DIVIDED 6 HOUSES SLEEP 25-30 GUESTS 10,000± SQ/FT OPEN AIR EVENT PAVILION CHLORINE POOL WITH SWIM-UP BAR OLYMPIC SIZED SKEET RANGE EQUIPMENT BARN 14± ACRE LAKE

Wyatt 210 Ranch 210±Acres | Eastland County, Texas

2 BR/2BA BARNDOMINIUM HIGH FENCED 2 STOCKED FISHING PONDS 1,500± GALLON STORAGE TANK GOOD ALL-WEATHER RANCH ROADS WHITETAIL BUCKS SCORING BETWEEN 240” & 260”

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SYCAMORE CREEK RANCH 647± ACRES | EDWARDS COUNTY, TEXAS

2,000± sq/ft house 1BR cabin with detached bath & cooking area Electric well distributes water across property Impressive array of exotic and native game species New blinds and feeders

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Dive into

possibility

Getaway to your own piece of rural paradise A Texas summer well-spent includes time enjoying lakes, rivers, ponds, or any body of water fighting the Texas heat. As the excitement surrounding summer grows, we don’t blame you for craving your own Texas paradise. Family fishermen and women, river rebels, and weekend warriors — your personal country refuge can be a desire, a necessity and even a reality.

At Capital Farm Credit, helping you design your recreational property heaven is our specialty. Holiday getaways, hunting ranches, and that perfect piece of land to retire on, are all examples of our products and services. Financing your recreational property dreams are what we’ve been waiting for all year. What you imagine, we can make happen.

Make a splash Capital Farm Credit’s passion for lending extends beyond financing traditional agricultural operations. Our experienced lenders furnish flexible financing options for land purchases specifically designed for leisure, outdoor sports and entertainment.

We specialize in rural property transactions and want to guide you through the process. Our attention to detail ensures your desired purchase aligns with your recreational goals. Your dream property retreat is more possible than you think.

“Our products and services are created and tailored for your choice of rural lifestyle,” said David Harrison, field marketing manager at Capital Farm Credit. “We put plans in motion every day. Whatever you’re looking to accomplish, we’re prepared to achieve it with you.”

Financing options include competitive rates and easy payment plans. Why wouldn’t you partner with the experts?

We return a portion of our earnings to members through our cooperative returns program. This can result in significant reductions in borrowing costs. Our board of directors annually reviews the financial health of the cooperative and decides how profits are returned — whether as cash, or as allocated equities. Our cooperative structure has maintained its integrity for more than 100 years.

Buried treasure When it comes to discovering the right investment vehicle, this finite asset not only becomes an extension of yourself but harbors an environment of memories for the next generation. The success Additional loan programs: of your recreational property • Real Estate Purchase is built on the quality time you • Improvement Loans spend on it.

• Home Loans It’s why our lenders invest in • Operating Loans your dreams. It’s why our goals • Equipment Loans become your goals.

• Agribusiness Loans Dive in Capital Farm Credit is a family of experienced lenders equipped to finance your dreams of rural living and help make the most of your recreational property purchase. Our knowledge and expertise make us your lender of choice to create a retreat you can pass down for generations. With offices serving 192 of Texas’ 254 counties, we commit to serve rural communities yesterday, today and tomorrow.

If you’re interested in speaking with our advisory team, call 877.944.5500, or visit our website capitalfarmcredit.com.

Money pool As a cooperative, Capital Farm Credit is owned by the same rural property owners we serve. Unlike an investor-owned bank, our members have a vote and a voice in the business. When you borrow money from Capital Farm Credit, you join the cooperative that operates in our members’ best interests.

NMLS493828

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Uno Mas Ranch

800± ACRES | LA SALLE COUNTY, TEXAS

6 BR/2BA BARNDOMINIUM-STYLE LODGE HIGH FENCED 5 WELLS 2 LARGE PONDS 1 MILE OF WET-WEATHER ESPIO CREEK GREAT WHITETAIL HERD & EXOTIC SPECIES

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(254) 709-9418 www.lefence.com

LE FENCE SPECIALIZES IN: High Game Fence Land Services: Dozer and Dirt Work, Land Clearing and Mulching, Roads and Trails Other Farm and Ranch Applications

•Deer & High Game Fence •Ranch Entries and Gates •Water Gap Solutions •Hog & Predator Control •Barbed Wire •Specialty AG Fencing 33

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Roxton’s Waterfall Ranch 860± ACRES | LAMAR COUNTY, TEXAS

2,200± SQUARE-FOOT BRICK HOME LOW-FENCED & CROSS-FENCED 1 LAKE 6-8 PONDS 2 CREEKS & 1 WATERFALL GREAT ROTATIONAL GRAZING PASTURES LESS THAN 2 HOURS FROM DFW METROPLEX

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JACKSON’S RIVER RANCH 1,658± ACRES| LAMAR COUNTY, TEXAS

2+ MILES RED RIVER FRONTAGE 8 PONDS RANGING FROM ¼-4± ACRES IN SIZE 25% BRUSH, 25% PIVOTED FARMLAND, 50% PASTURES 1,500± SQ/FT FOREMAN’S HOUSE 4 WELLS SEVERAL BARNS CATTLE PENS & PADDOCKS

Court Addresses Property Line Dispute Involving Fence and 100-Year Old Agreement Tiffany Dowell Lashmet

The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line. At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land.

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BACKGROUND This case involves a dispute over a fence in Reagan County depicted in the 1939 survey map below. Hughes owns Section 7 and Section 8. The Eggemeyers own Sections 3 and 4. The dispute is the east-west boundary line dividing Sections 7 and 8 from Sections 3 and 4. Hughes claims the section line defines the boundary between the properties, and that the barbed wire fence on the survey was built off the property line likely because the terrain made placing the fence on the section line more difficult. There is a stone mound at the intersection of the section line dividing Sections 7 and 4. There is another stone mound at the southernmost intersection between Sections 7 and 8 and the northern most intersections of Sections 3 and 4. The Eggemeyers argue that it is the dashed east-west link labeled as a fence on the survey that is the dividing line of the property. There is an old, dilapidated barbed-wire fence, but no stone mounds along the fence line. The two lines are 150 yards apart, resulting in 90 acres in dispute.

This is not the first time there has been a boundary issue related to these properties. Over 100 years ago, George Tankersley owned Section 7 and James Talley owned Section 4. They filed an agreement (“the 1914 Agreement”) in the Reagan County deed records stating it was “the mutual desire of said parties to permanently fix and settle the boundary line between their respective lands so that the matter may be forever settled and so that no uncertainty may exist with reference thereto.” They described the agreed upon boundary as follows, with “md.” standing for mound, “mes.” meaning a mesquite tree, and a vara being a unit to measure distance:

Commencing at a stake and a stone md. set under the present south fence of the G. W. Tankersley pasture as it now stands for the S.W. corner of said survey No. 7, and the N.W. corner of said Sur. No. 4, from which a mes. 6” bears Sotuh [sic] 85 E. 25 1/2 varas, a wide spreading mes. 6” bears S. 75 3/4 E. 49 varas; Thence East with the fence line as it now stands 1900 varas to a stone md. set 8 varas East of the East bank of a branch and under said fence line, for the N.E. corner of said Sur. No. 4 and the S.E. corner of said Sur. No. 7.

Through a series of deeds, the Tankersly property is now owned by Hughes and the Talley property is now owned by the Eggemeyers. The Eggemeyers deed did include reference to the disputed acreage.

In 2013, the Eggemeyers met with Hughes to ask if they could place a water well closer to the property line than the 660′ setback required by the groundwater district. This conversation brought the parties different understandings of the property line to light. During this time, Hughes believed that the parties reached an agreement whereby Hughes would build a standard fence along the section line, and would also reimburse the Eggemeyers for what they paid for the disputed acreage. The Eggemeyers claim they never agreed to these terms once they understood the amount of acreage at issue.

CONTINUED....

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LAWSUIT

APPELLATE COURT OPINION

Hughes sued the Eggemeyers asserting several claims including trespass to try title, suit to quiet title, a declaratory judgment that the 1914 Agreement is binding, a breach of contract claim regarding the 1914 Agreement, a trespass claim, and fraud and misrepresentation regarding the Eggemeyers statement during negotiations. The Eggemeyers responded, claiming adverse possession based on their predecessors use of the disputed acres, as well as asserting theories of quiet title, trespass, and a declaratory action seeking a declaration that the boundary line is the fence line.

The court affirmed the trial court’s decision regarding ownership.

The trial court found for Hughes regarding ownership of the disputed acres, and rejected the Eggemeyers adverse possession claim. The court dismissed Hughes’ claims of trespass, breach of contract, and fraud/misrepresentation.

The court awarded Hughes 1/3 of the total attorney’s fees he sought at trial.

The Eggemeyers raise two main issues on appeal. First, they challenge the findings awarding ownership to Hughes.

They did not appeal the court’s rejection of their adverse possession claim. Second, the court addresses whether attorneys’ fees were properly awarded, an issue we will not discuss in this blog post.

The court states the 1914 Agreement controls the placement of the property boundary between the two parties. That Agreement references a fence that starts at a corner marked by a mound of rocks. No rock mound, however, was identified at the corner or anywhere along the length of the current fence. There are several rock mounds with metal pipe still in place that mark the corners of the respective sections. There is, however, no evidence that a fence ever ran along the length of the section line. Additionally, there is no evidence that the mesquite trees referenced in the 1914 Agreement still exist.

In the absence of evidence surrounding the 1914 Agreement, both parties speculate on how to explain the descriptions.

The Eggemeyers expert suggests that the starting point–a stake and mound of rocks–is no longer present because of the current highway that now exists next to the properties.

Hughes speculates that the whole purpose of having an agreement was to preserve the section line as the boundary in anticipation of the fence being built off the property line.

Additionally, the only rock mounds found today are those located along the section line, and those same mounds are found in several surveys over the last century.

Additionally, the property and acreage descriptions from different deeds over time are not uniform and are also disputed by the parties. Some deeds appear to describe the disputed acreage as belonging to the Eggemeyers, but no deed expressly refers to them owning a portion of Sections 7 or 8.

In light of this disputed evidence, the court noted that it was an extremely close question, but found the evidence factually sufficient to support the trial court’s verdict. Note– the question before the appellate court was not how they would rule, but rather whether there was sufficient evidence to support the trial court’s decision in favor of Hughes owning the disputed acreage. This, the appellate court held, there was.

With regard to the attorney’s fee issue, the court remanded for reconsideration of the amount of attorney’s fees and whether they may be property segregated.

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KEY TAKEAWAYS The issue of fences being built off of property lines is quite common across Texas. Oftentimes, the terrain may not allow for a fence to be built along the actual property boundary. There are a number of important considerations from this case.

Second, although not expressly addressed, this is a good time to recall that proving adverse possession is extremely difficult. This is particularly true when an agricultural use like grazing is the use that the would-be adverse possessor intends to rely on.

First, the key holding in this case is not any clear legal doctrine on how courts will analyze boundary disputes.

Instead, the key takeaway is the importance of having a detailed, objectively clear agreement when parties attempt to resolve a boundary dispute. The details surrounding any property description used in a deed or agreement are critical. Here, were there more permanent markers or better descriptions than mesquite trees or rock mounds present, it may have helped avoid this dispute. Unfortunately, because the description was so poorly written using non-permanent markers, the boundary line was really no more clear after the description was filed. Certainly now with better surveying technology, better descriptions are available. Keep this in mind anytime a document is being drafted to be recorded in the deed records.

Fourth, this case illustrates a good practice of recording any agreements regarding boundary lines, particularly if a fence will be constructed off the property line and the parties do not intend for this to change the boundary. Having this type of agreement, written in better detail than in this case, recorded in the county property records can help to avoid potential conflicts down the road. Note, for an agreement to be binding and enforceable on subsequent owners, both parties must understand and agree what it means, and it must be filed in the deed records.

First, note that just because a fence exists for a substantial period of time–such as 100 years or more–that does not necessarily change the boundary line for the property.

This is a common misconception about Texas law. While there may be circumstances that will allow for a change in boundary line due to a fence, such as when a party can prove all of the elements of adverse possession, this is not automatic or common.

Finally, while it is not always possible, I will go back to the advice that my fellow ag lawyer Jim Bradbury and I offer at every one of our fence law presentations. You’re almost always better off to settle a fence law dispute over a cup of coffee than in the court house. Litigation is time consuming and expensive for all involved. In this case, for example, Hughes’ request for attorney’s fees was in the amount of $440,000. Reaching an agreement is not always possible, but where it is, it can save time, money, and frustration for both sides.

SCAN TO READ THE FULL POST ON THE TEXAS AGRICULTURE LAND BLOG

Tiffany Dowell Lashmet is an Associate Professor and Extension Specialist in Agricultural Law with Texas A&M AgriLife Extension. She focuses her work on legal issues affecting Texas agricultural producers and landowners. She serves the State Bar of Texas John Huffaker Agricultural Law Course Planning Committee and previously sat on the Board of Directors for the American Agricultural Law Association.

Tiffany may be contacted via email at tdowell@tamu.edu or by phone at 806-677-5681.

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The Turner Ranch

201± ACRES| LEON COUNTY, TEXAS High fenced and cross fenced 1BR/1BA hunter’s cabin 2,400± square foot barn and handling facility Improved Whitetail Genetics with deer scoring in the 240” class Gemsbok, Addax, Blackbuck, and Axis 5 fishing ponds stocked with bass and crappie

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RIVER BEND RANCH 154± ACRES | LIBERTY COUNTY, TEXAS

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TRINITY RIVER FRONTAGE 3 LARGE PONDS 2,835± SQ/FT MAIN HOUSE 3,000± SQ/FT GAME ROOM FOREMAN’S HOUSE LUSH PASTURES FOR GRAZING AND HAY PRODUCTION

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Mulligan Ranch

357± ACRES | RED RIVER COUNTY, TEXAS

2,300± SQ/FT MANUFACTURED HOME 3BR/2BA FOREMAN’S HOME 60X80-FT INSULATED BARN WITH WALK-IN COOLER AND CLEANING AREA

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STOCKED 2.5± ACRE POND WITH FLOATING DOCK ABUNDANT NATIVE AND EXOTIC WILDLIFE 67% BRUSH AND HARD WOOD COVERAGE NUMEROUS BLINDS AND FEEDERS

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410 NORTH RANCH 1,412± ACRES | RED RIVER COUNTY, TEXAS

2,000± SQ/FT 3BR/2BA RANCH HOME 10-STALL HORSE BARN METAL BARN WITH WORKSHOP SET OF COVERED CATTLE WORKING PENS SANDY LOAM SOILS WITH EXCELLENT DRAINAGE 2+ MILES OF LITTLE PINE CREEK 10 PONDS AND LAKES

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Red River Farm

4,163± ACRES | RED RIVER COUNTY, TEXAS FOREMAN’S HOUSE AND HUNTING CABIN EQUIPMENT STORAGE BARNS AND SILOS 3± MILES OF RED RIVER FRONTAGE

AVERAGE YEARLY RAINFALL OF 55” RURAL WATER AND 1 WELL 3 PIVOTED FIELDS

Sanderson Creek Ranch 2,272±Acres | Terrell County, Texas

EASY ACCESS FROM HWY 90 ONE WELL LOW-FENCED ELEVATION RANGES FROM 2,300’-2,700’ SCENIC 300’ CLIFF 16± MILE 4WD ROAD SYSTEM ABUNDANT NATIVE WILDLIFE

R5 Ranch

2,280± ACRES | UVALDE COUNTY, TEXAS

5,000± SQ/FT LODGE ACCESS ON HIGHWAY 90 4± MILES OF PAVED ROADS 23± MILES OF INTERIOR RANCH ROADS 1ST CLASS SHOOTING COMPLEX GAME-CLEANING AREA WITH WALK-IN COOLER

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15 Mile Creek Ranch 1,188± ACRES | VICTORIA COUNTY, TEXAS

5BR/5BA MAIN HOME HORSE BARN WITH APARTMENT AND STALLS GALVANIZED CATTLE WORKING PENS 5 WELLS AND 3 WATER STORAGE TANKS

8± ACRE LAKE 3± MILES OF WET-WEATHER CREEK LUSH PASTURES ARE LOW-FENCED AND CROSS-FENCED

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ROCKPORT 110 DEVELOPMENT 110± ACRES ARANSAS COUNTY, TEXAS Endless residential and commercial opportunities HWY 35 frontage Located between the two most trafficked exits

RCC DEVELOPMENT 146± ACRES ARANSAS COUNTY, TEXAS Frontage on HWY 35 and N. Pearl Borders Rockport Country Club Lush landscape Ideal setting for a future neighborhood

PATTERSON-GEORGE RANCH 590± ACRES ATASCOSA COUNTY, TEXAS 40x80-foot metal barn Two electric wells Wet-weather Galvan Creek Two small ponds High-fenced with flat to gently rolling landscape Several blinds and feeders

RIVERSIDE RANCH 170± ACRES BEXAR COUNTY, TEXAS 2,100± sq/ft brick home 4 wells & 2,500± gallon cistern Irrigated pecan orchard & hay field Low fenced and cross fenced Minerals convey CAPITALFARMCREDIT.COM

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ROLLING HILLS RESERVE 7± ACRES BURNET COUNTY, TEXAS Private gated community Low-fenced Large mature Oak trees Lush pastures with seasonal wildflowers Areas for multiple homesites

BROKEN ARROW RANCH 598± ACRES CONCHO COUNTY, TEXAS Private ranch water meter system Miles of good interior ranch roads New galvanized high-fencing Rolling Central Texas topography Convenient to Brady Reservoir Almost 2.5 miles of wet weather creeks

WHIPPLE RANCH TRACTS 14-116± ACRE TRACTS COOKE COUNTY, TEXAS Improved coastal pastures Mature trees Low-fenced Great views Under an hour to DFW

PALOMA GRANDE 500± ACRES DUVAL COUNTY, TEXAS Low-fenced One well Single-phase electricity Camp area with utilities & shop Good ranch roads & trails

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SAN DIEGO CREEK RANCH 510± ACRES DUVAL COUNTY, TEXAS Outstanding hunting with numerous trophy deer 3,000± Feet of wet-weather San Diego Creek Low-fenced with gently rolling terrain and dense brush Minerals negotiable

DIAMOND VIEW RANCHETTE 20± ACRES EDWARDS COUNTY, TEXAS 2BR/1BA cabin 960± sq/ft metal barn 144± sq/ft storage shed 420± ft deep electric well Licensed septic Electricity in place 1 wet-weather creek

PRETORIUS RANCH 67± ACRES EDWARDS COUNTY, TEXAS Caliche road access Good views Great brush Massive Oaks Abundant Whitetail, Axis and Aoudad Undeveloped property

BUCK HAVEN RANCH 209± ACRES EDWARDS COUNTY, TEXAS 3BR/2BA Manufactured home 400± Square-foot barn One well, storage tank, and water troughs Free range native and exotic species CAPITALFARMCREDIT.COM

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WILDLIFE VALLEY RANCH 224± ACRES EDWARDS COUNTY, TEXAS Breathtaking Hill Country views 2BR/ 1BA Cabin Low fenced POA-managed infrastructure & water 3 Water storage tanks 8 troughs

TIMBER RANCH 300± ACRES EDWARDS COUNTY, TEXAS 512± sq/ft cabin with rainwater collection system 4x4 roads and trails Within a private ranching community Free-roaming wildlife

EDWARDS ESCAPE 364± ACRES EDWARDS COUNTY, TEXAS Excellent hilltop views Numerous homesites Elevations from 2,100-2,200± feet Low-fenced with open meadows Family owned for over 100 years Surrounded by large neighboring ranches

VENADO RANCH 391± ACRES EDWARDS COUNTY, TEXAS Gorgeous views from 2,220 – 2240 foot elevations Secluded and private wildlife habitat 95% brush coverage Blinds and feeders to convey 54

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SILVER OAKS RANCH 413± ACRES EDWARDS COUNTY, TEXAS Furnished 4BR/2BA house Large porches with scenic views Metal barn One solar well 580± feet deep Rainwater collection system 12 water storage tanks

18 MILE CREEK RANCH 122± ACRES GOLIAD COUNTY, TEXAS 1,000± Feet of Eighteenmile Creek Low-fenced & cross-fenced Cleared homesite areas Lush pastures with dense tree coverage Beautiful views of the countryside

NEXT DOOR RANCH 25± ACRES GUADALUPE COUNTY, TEXAS 3BR/2BA home Fenced and manicured yard Shop with commercial kitchen and walk-in cooler RV parking barn Great cattle pens Hog barn

ARROWHEAD CREEK RANCH 100± ACRES GUADALUPE COUNTY, TEXAS Low-fenced with great brush to pasture ratio Set of working cattle pens One well & electricity nearby Seasonal creek Three ponds CAPITALFARMCREDIT.COM

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M BAR HINES RANCH 320± ACRES HARDEMAN COUNTY, TEXAS Several excellent homesites Good ranch roads and trails Dense brush country Wildlife is abundant Several hunting blinds and feeders Cattle grazing and hunting opportunities

WILSON’S OAK RIDGE RANCH SOUTH 337± ACRES HARDEMAN COUNTY, TEXAS Cross-fenced Working pens and loafing shed Three solar wells One pond Over a mile of wet-weather creeks

M BAR RITCHIE RANCH 640± ACRES HARDEMAN COUNTY, TEXAS Low-fenced and cross-fenced Two wells Several small ponds Good ranch roads and trails Sandy loam soil and scattered brush

JAVELINA RANCH 966± ACRES JIM HOGG COUNTY, TEXAS Beautiful views Within the South Texas Sand Belt Windmill Water storage tank Superb hunting

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HEART OF ALICE TEXAS 58± ACRES JIM WELLS COUNTY, TEXAS Low fenced Two barns One electric well Electricity Good grazing land Great dove hunting

OLD RODEO RANCH 64± ACRES JIM WELLS COUNTY, TEXAS Low fenced Cleared land ideal for development One pond One well & rural water Single-phase electricity

BIG LONESOME RANCH 71± ACRES JIM WELLS COUNTY, TEXAS 2,775± Square-foot home High-fenced & cross-fenced Hay barn, corrals, & a chicken house 3 Electric wells 4 Ponds with great dove hunting Stocked with Axis and Blackbuck

ADAM’S FAMILY RANCH 654± ACRES JIM WELLS COUNTY, TEXAS Access on Farm to Market 1930 Game-fenced and cross-fenced One pond Three wells Electricity

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FALLS CITY RANCH 50± ACRES KARNES COUNTY, TEXAS 3,084± Square-foot rock home Large shop & implement barn Cross-fenced with improved pastures 2 Ponds Rural water & electricity Beautiful views of the countryside

ENCINO VISTA RANCH 270± ACRES KARNES COUNTY, TEXAS Elevated views with rolling terrain Excellent building sites Manufactured home in place Low-fenced One well & electricity Stock pond

SCENIC VALLEY RANCH 112± ACRES KERR COUNTY, TEXAS Access on Scenic Valley Road Cleared homesite areas High-fenced 40’x 60’ Metal building One well & electricity

GRAND VIEW RANCH 490± ACRES KINNEY COUNTY, TEXAS Turnkey hunting destination with hunting camp that sleeps 6-8 Three Edwards wells Year-round supplemental feeding program Whitetail bucks scoring between 140” and 160” 58

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JACKSON’S RIVER CAMP 185± ACRES LAMAR COUNTY, TEXAS Several ponds & marshes Excellent tree and brush coverage Old rock house Well water Rural water & electricity accessible

TRIPLE RIDGE RANCH 216± ACRES LAMPASAS COUNTY, TEXAS Frontage on Farm to Market 580 2018 Barndominium Entirely low-fenced Rural water via Kempner Water Supply 2 Ponds

DOUBLE R RANCH 38± ACRES LIMESTONE COUNTY, TEXAS 4BR/ 3.5BA Colonial-style home Saltwater pool Metal barn, working pens & squeeze chute Low-fenced & cross-fenced Rural water & electricity Improved coastal pastures & dense hardwoods

CORNER HILLS RANCH 1,074± ACRES MCCULLOCH COUNTY, TEXAS 4BR/3BA/1HB Main House 4BR/4BA/1HB Hunting Lodge Expansive ranching infrastructure 6 water wells in operation 5 ponds Cross fenced into 8 pastures CAPITALFARMCREDIT.COM

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RANCHO DEL CIELO 320± ACRES MEDINA COUNTY, TEXAS I35 frontage Sandy silica gravel covers much of the acreage Three water wells

ROCKY CREEK RANCH 650± ACRES MEDINA COUNTY, TEXAS Low-fenced One hay barn Cattle pens Deeded easement access Large Live Oaks

SECO CREEK RANCH 1,689± ACRES MEDINA COUNTY, TEXAS 5BR/3BA main home 3BR/2BA hunting lodge Abundant Native Wildlife Highly Improved Immaculately Manicured Improved Whitetail genetics

TILDEN RANCH 50± ACRES MILLS COUNTY, TEXAS 4,100± square foot ranch house 4BR/3BA/1HB Tennis court Large manicured yard 2,700± square foot hay barn Tack room, Storage barn and workshop 60

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OAK CREEK WHITETAIL RANCH 955± ACRES OSAGE COUNTY, MISSOURI Investment opportunity grossing approximately $2 million annually Two large lodges 2,232± sq/ft foreman’s house Over 16,500 sq/ft of barns Introduction of CWD resistant Canadian Whitetail herd

BAILEY RANCH 320± ACRES PALO PINTO COUNTY, TEXAS Ease of access on Highway 281 and FM 52 40± Acre peach orchard Three ponds Excellent grazing pastures Good brush

SALT CREEK RANCH 150± ACRES PANOLA COUNTY, TEXAS Dense timber Frontage on CR 327 and 326 Water meter located on CR 326 Electricity is accessible Large senderos Great wildlife habitat

WEATHERFORD LOOP RANCH 16± ACRES PARKER COUNTY, TEXAS Frontage on two roads Borders the rodeo grounds 3BR/ 2.5BA Home Low-fenced & cross-fenced One well & electricity 348± Feet of wet-weather creek Great commercial opportunity CAPITALFARMCREDIT.COM

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KILLION RANCH 53± ACRES PARKER COUNTY, TEXAS Cleared homesite areas Equipment barn and storage building Low-fenced and cross-fenced 940± Feet of wet weather creek Amazing views of the Brazos River valley

BAILEY RANCH SOUTH 160± ACRES PARKER COUNTY, TEXAS FM 52 and Old Oran Rd access One pond 50-50 brush to pasture ratio Electricity is available on frontage roads Several ideal homesites

FAY CONINE DENNY ESTATE 58± ACRES RED RIVER COUNTY, TEXAS 3BR/2BA Main house 2BR/2BA Guest house Enclosed shop & covered carport Low-fenced with great grazing Sandy loam soils One pond

SIMMONS RANCH 230± ACRES RED RIVER COUNTY, TEXAS Frontage on CR 1112 Great homesite locations Low-fenced and cross-fenced Wet weather creeks Three ponds

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RED RIVER CATFISH FARM 298± ACRES RED RIVER COUNTY, TEXAS Access on Highway 37 Seven catfish ponds Almost a mile of Snell Creek Low fenced

410 SOUTH RANCH 2,500± ACRES RED RIVER COUNTY, TEXAS Low-fenced and cross-fenced 20 ponds Covered cattle working pens 2 sets of open cattle working pens Grain bins Fertile sandy loam soil

LAKEVIEW TOWER RANCH 201± ACRES SAN PATRICIO COUNTY, TEXAS Incredible views of Lake Corpus Christi Access off of HWY 359 1,675± sq/ft home Four-story observation tower Two large greenhouses flanked by fruit trees

ROMA RANCH 630± ACRES STARR COUNTY, TEXAS Gorgeous views of the Sierra Madre Mountains Low-fenced Almost 1.5 miles of wet-weather creeks Free ranging Whitetail CAPITALFARMCREDIT.COM

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LA SAL COLORADO RANCH 652± ACRES STARR COUNTY, TEXAS Frontage on FM 755 Low-fenced One well Electricity Good trails & senderos

OAK PLATEAU RANCH 344± ACRES SUTTON COUNTY, TEXAS 2,300’-2,370’ Elevations Excellent homesites Low-fenced One well Electricity Great westward views

SOTOL CANYON RANCH 664± ACRES TERRELL COUNTY, TEXAS Incredible canyon views 1BR/1BA Furnished cabin Carport with workshop & electrical hookups Low-fenced 1 Well, rural water, 2 storage tanks 1 Pond Great hiking trails

TAPONES RANCH 640± ACRES WEBB COUNTY, TEXAS Gated entrance on FM 2895 30± Minutes from two airports Low-fenced Two earthen tanks Electricity Good ranch roads & senderos 64

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SCENIC VIEW RANCH 20± ACRES WILSON COUNTY, TEXAS 4,591± sq/ft country home In-ground pool and an outdoor kitchen Low-fenced with a gated pipe entrance Metal building with stalls and fenced holding area

THREE OAKS RANCH 383± ACRES WILSON COUNTY, TEXAS 2,278± sq/ft ranch house Cattle pens, barn, & a shop with living quarters Stocked pond with a fishing pier Additional 8± acre pond

PINE MEADOW RANCH 191± ACRES WOOD COUNTY, TEXAS 1,400± sq/ft cabin extends over a 1.5± acre pond 22 deer breeding pens 2,100± sq/ft AI barn 2 pole barns and 1 metal barn Extensively improved Whitetail genetics

MESQUITE FLATS RANCH 91± ACRES ZAVALA COUNTY, TEXAS In the heart of Whitetail hunting territory Low-fenced Carrizo water well One pond/tank Hunting blinds & feeders to convey CAPITALFARMCREDIT.COM

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