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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28333
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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A notary held $200,000 of my money in escrow .5 years and I

Customer Question

A notary held $200,000 of my money in escrow for 5.5 years and I received no interest.
This was due to disagreement between my wife and I. I ultimately won the case. How can I get some interest on my money? small claims court or other. Can you help me?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Thank you for the additional information. If the tree would be damaged, if you removed the roots or limbs, then you could not at this point just cut them out. If you did, the owner could sue you for the damage to the tree. However, it is clear that the roots are encroaching, this is causing a nuisance and it is substantially interfering with your mothers use and enjoyment of her property and ability to access to the garage. It is clear they will not correct this or remedy it, so the next step would be to file a civil suit and proceed through the court, asking the Judge to order that 1) the tree be removed or the problem be corrected and 2) that they pay and incur the cost for it and any repairs that are needed and damage. If this was something simply like trimming the tree back, it would be a different story but based upon how you described what is happening, it is more then just a simply fix. You may want to also speak with your homeowners insurance and see if they have a solution and can remedy this or if and/who the liability would pass to, if something were to happen. Since they are aware of the problem and refuse to correct it and maintain their tree, which is on their property, they could be liable for additional damages, if something was to happen.

Expert:  RealEstateAnswer replied 2 years ago.

Sorry, that was posted through a site error

Expert:  RealEstateAnswer replied 2 years ago.

Did you ask the Judge for interest on the money when you prevailed?