Hello, I am happy to assist you today.
The answer is yes, and no. Let me explain.
If you have a legal claim against your neighbor
, which it sounds like you do, you can take them to court and get a judgment against them. Once you get that judgment, if they refuse to pay, then you become a creditor and you can file a lien against their property. That takes an additional court proceeding and we are talking about a lot of time and money spent.
What you need to do instead of focusing on a lien, is file a court action against your neighbor immediately, and file what's called a "lis pendens" on the property, which gets filed in the registry of deeds in the county where they property is lcoated. The lis pendens will put the world on notice that there is litigation ongoing regarding the property and the property will not be able to be sold or otherwise transferred until that lis pendens is removed.
This is a great move because if they are really thinking about selling, then they can't do it with this litigation ongoing. So this really encourages them to settle the issue with them.
I would request that the tree be removed entirely, since the roots keep growing back. I would also request damages
for any harm caused to your house, including the work you did to remove the roots previously.
If you don't want to pay for a lawyer, you could file in small claims court if your damages are below the level required in your particular court - typcially 5k.
Let me know if you have any questions.
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