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Need to obtain a court injunction RE: Tree stump that is embedded

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Need to obtain a court injunction RE: Tree stump that is embedded in my house.

Debra Thal :

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Debra Thal :

Are you saying that the tree stump is the neighbours?

Customer:

Yes the tree stump is the neighbours.

Debra Thal :

Are they saying they won't remove it?

Customer:

The original agreement was he was unable to remove it without compromising the structural

Customer:

integrity of my wall.

Customer:

Now I have remove the bricks and am awaiting his action. He is an attorney and given strong hints that he does not wish to pay for his responsibilities.

Customer:

Hello?

Debra Thal :

I am sorry.

Another expert had locked the post and I could not answer until he unlocked it.

Debra Thal :

He has to pay.

Debra Thal :

If he is a lawyer he knows that.

Debra Thal :

If the tree is his he has to remove it.

Customer:

I know, but how do I get him to.

Debra Thal :

Or pay to have it removed.

Debra Thal :

And he is liable for any damages you incur.

Debra Thal :

If he won't agree then you sue him in Small Claims Court.

Debra Thal :

I suggest you send him a letter by Registered Mail.

Debra Thal :

In the letter set out the facts briefly.

Debra Thal :

Then given him a deadline for meeting your demands.

Customer:

I have sent him a registered letter.

Debra Thal :

And let him know you will commence legal proceedings if he does not.

Debra Thal :

Did you give him a deadline?

Customer:

Fair point. At the time I wanted him to agree to his responsibilities.

Debra Thal :

He will agree when he sees you will not give up but will sue.

Customer:

Say again?

Debra Thal :

When you are clear with him that he is going to be sued, he will start to try and make a deal.

Debra Thal :

He doesn't want to be sued.

Debra Thal :

He knows he is wrong.

Customer:

Understood.

Customer:

What is a reasonable amount of time to warn him.

Debra Thal :

I don't think you need to give him much time.

Debra Thal :

This has been an ongoing issue.

Debra Thal :

So a few days or at week at most I would think.

Customer:

Yes, at least since April. the Irony is he is unable to complete his renovations until the stump is removed. It is mutually beneficial. I just wanted to settle this like good neighbours.

Debra Thal :

I agree and that's why if he starts to try and make a deal you can do that.

Debra Thal :

But you cannot be stuck this way.

Customer:

Final question, how do I sue him, if the need arises?

Debra Thal :

Let me see if I can find you the forms online.

Debra Thal :

Just wait a minute or two please.

Debra Thal :

All the information you need is here:

Debra Thal :

http://www.justice.gouv.qc.ca/english/publications/generale/creance-a.htm

Customer:

Thank you very much.

Debra Thal :

You are very welcome.

Customer:

Have a pleasant evening.

Debra Thal :

You too.

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