Neighbors Root Encroaches

What is the name of your state? TENNESSEE

Neighbors tree roots across property line and pushing up my asphalt driveway. I have had my attorney to write letters, with no prevail. I am requesting the tree to be removed and stump and root killer applied. It has been six months now and the tree is still standing the roots still growing and the damages continue on my driveway. Since it has been 6 months and my neigbor stated that she would cut the tree as we requested, but six months is little to long for me. I spoke to my attorney today, he states the only thing left is go to court. I was shocked that he wants $1500.00 to take this to court, I ask him if I could sue for attorney's fee and he says he dont think so on this case. She is forcing me to take her to court because she is ignoring the request. Just checking to see if attorney's fee could be sued for in this type of case.

Drive down to Lowes, enter, turn left and just before you go through the doors to the garden center turn right. Along the wall there is an assortment of axes. Pick the heaviest one, take it to the register, pay for it then drive home.

When you arrive, take the ax out of the car, hold it over your head and let it fall hard on the root until you are all the way through. (this should be done at the edge of the drive). Then repeat the process (lifting the ax and letting it fall) at the fence line.

When you have successfully cut both ends of the root, take a shovel and dig it up and throw it into the compost pile. Lay down extra soil and pack it hard then lay down grass seed. Come spring it will grow.

Then call the neighbor out and give her the finger.

I agree BelizeBreeze. To strengthen a point Kanut, do NOT cut the whole tree down because it isn't worth the mess, cleanup, the fees, time and trouble of getting rid of it completely.
Therefore, only cut the roots on your property with the axe as suggested.

neighbors root encroaches

Thanks for the input, I have always been told that whatever I do to this tree on my side, if it kills the tree, I am responsible for this tree. I also forgot to tell you all, I got an estimate to take the tree down the cost $375.00. She would be getting a still, but no the neighbor knows that I will have to spend a lot more than that to get her in court.
Thanks again

kanut said:

Thanks for the input, I have always been told that whatever I do to this tree on my side, if it kills the tree, I am responsible for this tree. I also forgot to tell you all, I got an estimate to take the tree down the cost $375.00. She would be getting a still, but no the neighbor knows that I will have to spend a lot more than that to get her in court.
Thanks again

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**A: all this for a measly $375? I axe you, what you gonna do?

neighbors tree roof

I cannot cut the tree because it is not on my property. I cannot fix the driveway, it would be a waste of money, if tree is not gone, the roots still grow.
I did speak to the daughter yesterday and asked her what was the time frame on cutting the tree, (i was very nice) because my fence man needed to finish my privacy fence before winter. She stated that they had gotten some volunteers to cut the tree and they all work, and the schedule would be up to the volunteers. You know that might have been an answer that someone else needed to here, but you know as long as there is a tree, there is roots, as long as they are roots, my driveway damage is going to continue and more of an expense to us. I have not ask for damages, I have only ask for the tree to be removed. It has been 6 months now, I am not going to wait much longer, driveway is cracked, winter is coming, water in cracks then freezes, makes damage worse. This lady is acting like she has no money, she has property that she leases out, she pays to have her yard mowed, she has 15 cats, 1 dog and 9 chickens. Don't understand why she just can't have the tree ccccuuuuuuuttttttttttt down and end this whole mess. I am now worried about the volunteers, no liability insurance, they will have to ask for permission to come on my property to cut this tree because she has no room for the other trees and her fence for them to cut this tree unless they are on my property.

Tree Root Encroachment

Just wanted to let you all know that the tree is ddddoooowwwwnnnnn. I was very thankful that everything is calm on Crooke Street now. I will continue with my fence and everyone will go on their merry way.
Thanks for allowing me to vent.