Legal Question in Civil Litigation in Pennsylvania

Well have you talked to your neighbor about it? Start with that and see if you can deal with it.

{John}

On whose land do the tree roots fall? If on his land, it is his tree. What I would do is take lots of pictures of it showing the disease. I would then put you neighbor on notice by sending him a written letter, via certified mail, to prove that he got it. I would notify him that the tree is diseased and that if it causes damage to your property that you will hold him responsible. If and when the tree falls and causes damage, you will then have grounds for a suit.

If the tree limbs encroach on your property, you can trim those portions of the tree that are on your side of the property. You are not privileged to trespass on his land. And I would take pictures before you trim because you do not want him blaming you for the tree death or disease.

I also think its the neighborly thing to do to ask for his permission first or ask him to trim the encroaching limbs. If he gets nassty, put this in writing as well and state that if he doe not remove the encroaching limbs within a reasonable time (like 2 weeks, weather permitting) then you will exercise self help and do it.