I am within my rights to cut off the branchs and roots at the boundry. Hawever what is the position if the tree falls later due to me cutting the roots?

you can remove anything that is in your boundary and chuck it back over there side, but before you start taking roots up id have a big think, the last thing you want is have your house or garden crushed by the tree when it falls

Answer: Gardens are seasonal...overhanging trees take generations! Be Honest...you planted the garden under the tree didn't you. This "problem" did not start with either the neighbour or the tree...But with your own sweet self...Correct!

In California, you may cut the over hanging limbs and if roots are a problem, you may attempt to clean them up as well. However, in either case, if the tree should die or fall over...You are responsible and liable for damages!

You should move, you need to live in the middle of a coal field and not a suburban home.

Whatever hangs over your side you are entitled to cut. Regarding it falling afterwards I am not sure as long as you use a tree surgeon then he will have insurance should the tree fall, cause any damage etc or if you have to replant a tree. Otherwise if you cut the overhang nicely I am sure you will have no further problems

If the tree is within 25 metres of your property then there is a chance that the roots could cause structural damage to your house, this being the case the tree would need to be taken down.

If the tree is overhanging your property and you don't want it to you are within your rights to clear back to your boundry.

With regard to destablising the tree if you have manicured the tree the weight will be pulling the tree away from your land so there is nothing much to worry about.

If the tree is out of control it is the responsibility of your neighbour to ensure it is safe.

One very important point missed by all the answers is that the tree and all the overhanging branches and roots belong to your neighbour.

You must first ask him to cut away the branches that overhang your property and roots that traverse it.

If he does not do this in a reasonable time you are entitled to cut the branches back to the property line. After you have cut the branches you must offer them back to your neighbour but he is under no obligation to take them

This is the law of nuiscane and the principle of abatement of a nuiscane.

With regard to the tree falling and damaging your neighbours property after you have cut roots and branches, you can not be held responsible, even partly. He was fully aware the tree existed and the state of it, he was asked by you to deal with the issues it was causing on your property, he failed to do so. You then dealt with it and brought it to his attention by offering back the cuttings. If he then let the tree get into such a pecarious state that it damaged his property, that is his own fault. You are not liable.
Hope this clears thing up for you.

Hi,you can cut the branchs not sure about the roots.