Can I Ask For Attorney Fees

[kanut]

What is the name of your state?What is the name of your state?What is the name of your state? TENNESSEE

I have a neighbor that the roots of the tree in her yard is encroaching onto my property causing damage. The roots are pushing up my asphalt driveway. I went to my attorney and he has written three letters. It has been 6 months now, the tree still stands and the roots are still growing and further damaging my driveway. I have requested that the tree to be removed and stump and root killer be applied. She stated to my attorney that they would cut the tree down, but the tree still stands. I am having a fence put up and the fence man cannot finish the job until the tree is removed. I just spoke to my attorney, he states the only recall now is to take her to court. He is going to charge me $1500.00 which I think is out rageous. He states that I cannot ask for attorney fees in this case. My question is can I or can I not ask for attorney fees. The neighbor is forcing me to take her to court by not already having the tree cut. Please help,

 

[stephenk]

Why don't you believe your attorney?

 

[meganproser]

Why aren't you going to small claims court so you don't have to use an attorney?

 

[stephenk]

small claims court is for money damages only. the poster wants a court order to have the neighbor remove the tree.

 

[meganproser]

So she takes the repair estimate for her driveway to small claims. I wouldn't think the neighbor is going to want to repair the driveway more than once, so the tree would probably be taken down promptly without a court order. Either way, the driveway gets repaired.

At any rate, the individual appears to have lost interest in this question, lol.