Originally Posted By: exranger06
I would leave the tree alone. If your neighbor doesn't like the branches over his house, HE can cut them. Even though the tree is yours, if the branches are over his property, he can cut them all he wants and you can't really do anything about it. If it damages his house, it's his insurance and his problem.
So if it doesn't bother your neighbor, don't let it bother you and just leave it alone. If it does bother your neghbor, let him deal with it and let him cut the branches if he wants.
That's incredibly bad advice. You could be liable for damages that the falling branches may cause.
The court usually applies a reasonable care standard. If you took reasonable care to maintain the tree branch, and the branch did not appear to be threatening to fall, then it would be considered an Act of God and you won't be liable.
If, after applying the reasonable care standard the court were to find that you should have known that the tree branch posed a danger of falling, then you could be found liable for damages. If the neighbor has already mentioned concerns about it, especially if it's in writing or in front of a third party witness, then it's quite likely that you'll be held responsible should the branch fall and cause damages.
Landowners are responsible for maintaining trees on their property. Legally they must make required inspections and take care to insure that the tree is safe. If an inspection shows that the tree is unsafe, a landowner is responsible for its removal.
