Legal Question in Civil Litigation in Louisiana

Re: Driveway vs. Tree

Obviously you cannot simply go to him and ask him to cut it down, or at least severe the roots, or you would not be writing to this service. If the base of the tree is over your driveway, then either a portion of the tree is on your property, or your driveway is encroaching on his property. You may own the tree along with your neighbor, in which case you may have to bear the cost since you are the one wanting it removed and you are a co-owner of it. If that is the case and it is a tree you own an interest in, then you have no redress against him since property you own is damaging other property you own. But I would check the deed restrictions and local property ordinances to make sure your driveway is not too close to the property line, because if it is, he may be able to make you move your driveway. If you are OK with the driveway issue, and you do not own the tree, I would write him a certified letter, giving him ample time to contact someone to remove the tree or the portion incroaching on your land, letting him know that if by a certain date the problem is not remedied, you will hire a contractor and have the job done and will seek reimbursement from him, plus the cost of fixing the driveway. While roots of a tree and their paths are ruled by nature, you are not required to suffer damage to your property because of that. Attach an idemized bid from a bonded and insured tree removal company so he knows what he will be expected to repay you if you have to get the job done.