what options do I have to deal with this harassment?

[stuckinthemidd1]

I'm in california. I am living on land that I don't hold title to. I had a verbal agreement and had paid some money to the original owner to purchase a subdivision of the larger parcel. he had to sell it, sold it to someone else with whom I also have a verbal agreement. we planned to begin the process of legal subdivision this year but it hasn't happened yet.

another neighbor decided they hate me, and they have been harassing me - vandalizing my house and stuff, making violent threats to me and my girlfriend, calling me names on Facebook. they are also entering my property almost daily to do obnoxious things like shutting off water valves to my landscaping. they have entered my house without permission. they have also told me - with two witnesses present - that they would stop harassing me if I agreed to sell out my interest in the property and move away.

so what can I do? I know that what they're doing would qualify them for a restraining order, but what other options do I have? can I charge them with extortion even though I have no legal contract for the land?

in addition, I know that they own guns, and may have previous felony(s) for drug trafficking and firearms.

my worry is that even if I put them in jail, they will continue the harassment when they get out. I think they are dangerous, and I'm afraid to take legal action for fear of retaliation down the road.

 

[quincy]

I'm in california. I am living on land that I don't hold title to. I had a verbal agreement and had paid some money to the original owner to purchase a subdivision of the larger parcel. he had to sell it, sold it to someone else with whom I also have a verbal agreement. we planned to begin the process of legal subdivision this year but it hasn't happened yet.

another neighbor decided they hate me, and they have been harassing me - vandalizing my house and stuff, making violent threats to me and my girlfriend, calling me names on Facebook. they are also entering my property almost daily to do obnoxious things like shutting off water valves to my landscaping. they have entered my house without permission. they have also told me - with two witnesses present - that they would stop harassing me if I agreed to sell out my interest in the property and move away.

so what can I do? I know that what they're doing would qualify them for a restraining order, but what other options do I have? can I charge them with extortion even though I have no legal contract for the land?

in addition, I know that they own guns, and may have previous felony(s) for drug trafficking and firearms.

my worry is that even if I put them in jail, they will continue the harassment when they get out. I think they are dangerous, and I'm afraid to take legal action for fear of retaliation down the road.

You need to report the vandalism and threats and trespassing to the police and let them handle the criminal aspect. You should inform the police that these characters may be gun owners.

The name-calling on Facebook is best ignored.

If you want the harassment to stop, you should seek a restraining order.

I do not see how a lawsuit will benefit you.

As to the property you are living on but do not own: You should get your verbal agreement reduced to a written contract. This is best handled by a real-estate attorney in your area.

Good luck.

 

[stuckinthemidd1]

The property issue is a question because of the way the law is worded around what constitutes extortion. I would be letting the police handle that, too, I'm just trying to figure out how much trouble they're likely to be in for. I live VERY rurally and I can't just call the cops whenever and have them show up. Two hours is a likely minimum response time. I need to make sure they'll get more than a wrist slap, or I may end up hurt.

 

[justalayman]

You can't make sure of anything. The option of if and how they are prosecuted is not yours.

I'm in california. I am living on land that I don't hold title to. I had a verbal agreement and had paid some money to the original owner to purchase a subdivision of the larger parcel.

so you have a totally unenforceable agreement since contracts for real estate must be in writing to be enforceable.

he had to sell it, sold it to someone else with whom I also have a verbal agreement. we planned to begin the process of legal subdivision this year but it hasn't happened yet.

so supposedly the guy you were purchasing land from sold the land you were purchasing to another person. Now, due to your new agreement being verbal, you have a second totally unenforceable contract.

can I charge them with extortion even though I have no legal contract for the land?

You cannot charge them with anything. You can report what you believe to be a crime and if the prosecutor believes they have a viable case against the party they will file charges and prosecute them.

you can document the activities
you can video record your property so you have a record of illegal activities

 

[quincy]

The property issue is a question because of the way the law is worded around what constitutes extortion. ...

Here is a link to California Penal Code Section 518-527, Extortion: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-010000&file=518-527

It is my understanding that you do not own any property that another can obtain, either through illegal force and fear or through a legal sale.

You need a written agreement and for that I recommend you consult with a real estate attorney.

I do not see any extortion.

What I see in your posts is that you have annoying neighbors who need to be reported to the police for their vandalism and their trespassing and their threats. What the police will do is anyone's guess.

Good luck.

 

[HighwayMan]

...calling me names on Facebook.

Sticks and stones. Why not just make your profile private so that only friends can see it and be done with it?

they are also entering my property almost daily to do obnoxious things like shutting off water valves to my landscaping. they have entered my house without permission.

Really? How do you know it was "them"? How do they enter your house? You make it sound as if they have the key. Whose house is it really? If you don't own the property then it seems unlikely that you own the house.

...in addition, I know that they own guns, and may have previous felony(s) for drug trafficking and firearms.

How do you know that?? "May have" convictions? How did you come up with that?

Make a police report and let them handle the investigation.

Maybe it's time to move.