Legal Question in Real Estate Law in California
We have a mining claim that we have owned since 2005 in the Quincy California area. We recently put it up for sale. Just before the election, I got a note from a man, telling me he owned my claim and that he would take me to court if I continued to sell it. So I checked my paperwork and spoke with the BLM and the County and noted that I do own my claim and that this man just last March staked over it and has had it up for sale all summer. Additionally the man told me that he had sold my claim to someone back in 2008 while it was still my active claim. At any rate after speaking with the Sheriff and the District Attorney, I got no where. They said that I had no grounds to report this because the man had not injured me. So where do I go to report this man/criminal act, and how do I state the facts so that I have grounds to report this man. Thank you.
2 Answers from Attorneys
You can take him to court to quiet title to the claim and for a restraining order.
I'm missing the criminal act too. I think you have a civil action against him as Mr. McCormick points out.