Property dispute in Texas

[devon cloud]

this is a doozy of a deal. OK... I own approx 20 acres of land in Hudspeth County free and clear, and have been the owner for eight years. The ranch next door sold the land adjacent to me and a new survey was done. The new surveyor decided the original survey done of my land was not done correctly and approx four acres of land I own was supposedly now owned by the new land owner adjacent to mine.

I then told them that I was disputing their findings under adverse posession laws. I sent this to the owners via certified mail and while I was out of town they built a fense across the surveyor's new boudary findings (even though the survey was not yet complete) and did so with mean dogs present in order to intimidate my wife.
:x
I do not have any money to fight this, but I want to sue to keep my land and also sue for these cowboys comming in and building this fence when they knew I was disputing their claim to the land. What should I do?

[aaron]

Your choices seem to be limited to the following: You either sue to assert your rights, or you accept the new status quo.

[devon cloud]

OK, I want to sue. I would like to sue for dammages done to the property with the new fence, gain my original boundary lines, and any other thing I can sue these cowboys for.

I dont have the money to hire the lawyer. I dont mean to sound like a broken record here, but this is the dilemma. I am trying to find a way to do this where I don't loose my land and still make these guys pay.

Can I represent myself? If so, what court would have to hear the case? what forms (or other type of paperwork) would i need to file with the court so that I would not be beaten in court by a technicality?

[aaron]

You may wish to explore these resources from the ABA.

[devon cloud]

OK, first, I have the original owner of the property next to me that is currently under dispute. He built a fence on the land that is under dispute (even knowing I was disputing his boundary findings), and then sold the land in question in a hurry to someone else. I want to sue for the fence and also sue for my land back.

So, I will have to sue for the land with the new owners. THey went through a title company for their warranty deed. Will I need to sue them or the Title company in order to get my land back?

Second, I want to sue for the fence going up on the land in question. At the time it went up, the original owner was still the owner. I would need to sue him for this and not the present owners right? Is there a limit to how much I can sue for the fence being placed over my property without my attention? I would love to get as much as possible to teach these guys a lesson.

And last, given that there are two suits here, will I need to prove the land is mine prior to suing for the dammages caused for the fence going up?

[aaron]

So, I will have to sue for the land with the new owners. THey went through a title company for their warranty deed. Will I need to sue them or the Title company in order to get my land back?

You would sue them. If you win, they may have a claim on their title insurance.

Second, I want to sue for the fence going up on the land in question. At the time it went up, the original owner was still the owner. I would need to sue him for this and not the present owners right?

You can decide with your lawyers who you should sue, and on what grounds. You probably have a trespass claim against the former owner, assuming you can establish that the fence is on your property.

Is there a limit to how much I can sue for the fence being placed over my property without my attention? I would love to get as much as possible to teach these guys a lesson.

You will need to prove what your damages are.

And last, given that there are two suits here, will I need to prove the land is mine prior to suing for the dammages caused for the fence going up?

You would prove that the fence is on your land, presumably as part of a single lawsuit in relation to the placement of the fence and remedies / damages.