What should I do about a neighbor with which I'm having a dispute over a tree?

The base of the trunk is on his side of the fence, but it arches over onto the side of my house and roof. Now it's starting to damage the roof and trim on my house. I have spoken to him several times about having it trimmed or even removed, but he just shrugged and walked away. He doesn't live there, but runs a business on the property. The last time I approached him, he said if I( cam on his property again, he would file charges against me for harassment and trespassing. No to be put off, I said that I'd be willing to split the cost of having the tree cut down. He said if I touched the tree he'd have me arrested for illegal dumping. I was shocked and asked him what he meant. He said that having a tree isn't illegal, but throwing garbage on his property was. I told him I didn't dump garbage on his lot. he responded that that didn't matter because he could get people to testify that they saw me doing this. Now what should I do?
Answers:
FIRST, you never mentioned if you lived in the U.S. or not. I am going to assume you do.
The first step is to send the idiot the following letter, CERTIFIED(RRR).
Dear [his name];
As I have attempted to discuss with you on several ocassions, a tree which is located on your property and overhangs the property line, is causing damage to my roof and trim.
While I am still amenable to working out a solution to our shared problem, I feel I have been more than fair with you over these past few weeks in attempting to speak with you regarding the issue only to be rebuked at every turn.
Therefore, you leave me not option. If you do not either mitigate the damages cause by your tree or agree to mediate the issue with a third party within three (3) days from receipt of this letter or five (5) days from mailing of this letter (date of mailing to be proven by U.S. Postal receipt) I will have no alternative but to hire a trimming service to cut the tree back so that any further damages can be averted and to have any damage repaired.
In the event I am forced to have this work done, I have no other option than to sue you in small claims court for the costs of such.
I await your reply.
Sincerely
[your name and address]
If he does not respond in time, hire the trimming company, fix the roof then sue his ***.
You have a right to protect your property but he is correct, you do NOT have the right to deposit the remains on his property.
and Yes, I am an attorney.

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Cut the tree back from your property only.

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you say them softly

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anything that hangs over your property is legally yours.
trim tree.
this idiot doesn't even own property, you don't need to talk to him.
You need no one's permission to trim tree limbs hanging over the property line.

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Get a Lawyer and talk to him about it. Legally you should have the right to trim the part of the tree that hangs over your property.

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Personally, I would have kicked the living sh** out of the guy just on principle.
You tried to be reasonable, now kick his azz.
Find out how much it will cost to remove the tree, take some pictures of how it is leaning onto your property and causing damage. Take him to small claims court for the FULL cost of cutting down the tree, AND for repairs to your roof and trim.
Make sure to tell the judge about his threats to report you for trespassing/harrassment, and for threatening to have people lie about you dumping garbage.
If he tries to pull any crap afterwards - call the police.

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If what you explained is accurate and the base of the tree or orgin is on his property, that will make him financially and physically liable for any causes that tree may incur. Such as the damage to your house you described. Unfortunately it cost's money to get this type of cases done, but, done the right way. Like using a land surveyor, pictures of the tree, making a complaint with the local land issues complaint agency of your State, and so on.

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I would firs call your local police dept. and let them know of the dispute and threats made to you - that way it will be documented on a recorded line. I would then call your local bar association and ask if it is ok to cut the part of the tree affecting your property. Usually the bar association gives free legal advice. That way you've covered yourself. I would maybe call the police back to let them know that you plan to do this and verified its legality - usu. they don't get involved with property matters, but since this guy is threatening you - I would make them aware. Also - take lots of before and after pictures. Good luck.I have a crappy neighbor too!

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As this idiot has tried to instill fear of the authorities in you, why not do it the other way round?Get the local police to interfere.Speak with him once again, this time recording your talk secretly.If he doesn't cut it then too,then file a charges against him(the record may help you).Talk with your neighbors so that they can help you too.

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first take pictures of the tree and your house. than take pictures of the damage the tree is doing. Hire a lawyer. Zoning laws state, that it is his responsibility to maintain anything that grown on his property, and if in fact that it crosses the property it's his job to fix any damage it may cause. A lawyer will help you deal with this "man" and have him repair any damage. And he wont get so smart with the law involved. He knows he's in the wrong here, he's just banking on that you wont do anything for fear of false charges. Make sure your lawyer knows of any and all harassment. Another good thing to do would be take pictures of your neighbors property. If he is in fact running it poorly, the courts will see that he's very neglectful and force him to fix all of this.
good luck