Loss Access to Community Property

Out of spite my neighbor planted a very small tree right on our property line, effectively blocking my access to community property, in this case a runway, with my aircraft.

I called and asked him to move it, informing him that it was blocking me, but he refused. I contacted the Homeowner's Association in writing six months ago, but they have yet to provide a response. My only option to increase the clearance to reach the runway would be to cut down one of my existing oak trees, probably 30-ft tall.

Both homes are currently for sale and values for runway lots, such as mine, are $140,000. Indirect access home lots are valued at $70,000.

What are my chances in taking him to small claims court to sue for the loss of use/value of my lot, the cost/loss involved with removing a mature oak tree, or force him to remove his sapling?

Thanks for your help.

According to you the difference in FMV is $70,000. I doubt your small claims court goes above $5,000. Is the tree on his property, your property, or exactly in the middle.

If you want removal of the tree you will most likely have to file in a court other than small claims as most won't issue an order such as this.