Neigghbor refuses to pay
A few more facts would help.
ARe you in a regular neighborhood.
Do you have a COA or an HOA/
I suggest you go see a local lawyer.
We do not have an attorney-client relationship unless we enter into a written, formal letter of instruction to represent; accordingly, I am not your lawyer. The statements I make do not constitute legal advice. Any statements I make are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am admitted to practice in Florida, Oklahoma, and Texas, and to the Bar of U. S. District Courts. Accordingly, my responses reflect the law of those states. I practice extensively in U. S. District and Bankruptcy Courts. Any advice given here is deemed to be within the parameters of the rules of professional responsibility and codes of ethics as promulgated by The Florida Bar and The Supreme Court of Florida, The State Bar of Texas and the Texas Supreme Court, and the Oklahoma Bar Association and the Oklahoma Supreme Court.
Generally, damage caused by your neighbor's tree, whether it is damage by roots or falling on your house, is considered and "Act of God" for which your neighbor is not responsible. You should make a claim under your homeowner's insurance policy. The insurance company may pay this claim or may deny it because the problem caused by the roots was a slow process and you could have cut the roots to prevent the problem. Unfortunately, there are some problems for which there is no legal remedy; yours may be one of them.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
But do you have a question? Make a claim with your home insurance carrier; they may do a bit of the heavy lifting for you here. But, if they will not pay, you may just have to retain counsel and bring a law suit for damages caused by the "trespass." Hope this helps. gsg
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