I own a house and my next door neighbor has a tree on his property that touches our property line. The tree's roots have destroyed our driveway, uplifting the cement to pieces in many areas. I want to sue our neighbor for the cost of a new driveway, and to have the tree cut down, in order to insure this problem won't happen again. Can I win if I take him to small claims court and what evidence would I need in order to do so?