property and small claims court questions

[TheMouseRanUpTheClock]

Hello, I am selling my home, and have subsidance, I can't sell it until the tree causing the problem is removed. The tree is in my neighbours land, they have been causing delays since the summer, and again at the last minute when the tree was to be cut down they stopped it happening yet again.

Can I take them to the small claims court and get a court order for the tree to be taken down against their will and get emotional compensation for the emotional distress this is causing me, my house keeps selling and buyers pull out until the tree is down, and I am disabled and inconvenienced by this delay and continually showing people around the house.

[prh47bridge]

The small claims court is there to enforce debts. It will not order a tree to be taken down.

Have you had a structural survey which confirms that the subsidence is due to this tree? If so, have you notified your insurers? If this tree is causing damage to your house your insurers should pay for rectifying the damage then recover the costs from your neighbours.