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my neighbor had a tree that was at least 50 feet tall, the

 
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my neighbor had a tree that was at least 50 feet tall, the tree roots grew into my yard and damaged my concrete pool deck...I sent a registered letter to my neighbor along with a quote for the cost and pictures....she put a claim into the insurance and they denied the claim....I have emailed, called my neighbor to try and work out some kind of terms for them to pay for all this damage...In the meantime I have a Contractor here that has been here for 2 weeks and we have come to realize we have even more damage, all the drains under the concrete have been damaged from the tree roots and actually gone into the front of my yard, it is a mess....Is my only alternative at this time to go to small claims court? The cost now is close to 4500.00

 

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State/Country relating to Question: California

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sent registered letter with pics and quote, emailed them, called them....

Submitted: 442 days and 7 hours ago.
Category: Real Estate Law
Value: $40
Status: CLOSED

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Expert:  RealEstateAnswer replied 442 days and 7 hours ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

 

Yes, it would be. If the insurance company has denied the claim AND they are unwilling to compensate you for the damage, the next step would be to sue them, to recover the cost for the repairs/damage. You certainly need to save all evidence of the problem and quotes, to support your demand for the amount of damages, which you seek. Once you take legal action, it may force your neighbor to realize they need to try and resolve this, to avoid the added expense of litigation.

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Category: Real Estate Law
Pos. Feedback: 97.3 %
Accepts: 2736
Answered: 2/1/2012

Experience: Leases. Landlord-Tenant. Foreclosures. Mortgages. Eviction.

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