contact your town or city officials and explain the problem to them.

Depending on where you live, anything on your property line, can be removed, by you, you can trim the tree if you like. If I knew the state, I could find the exact info.

trim back the tree, hire a professional, consult a lawyer first (most lawyers provide a 30 free consult) and have letter sent to neighbor on the same day tree is trimmed. otherwise pray that lightning hits his tree (and you can call your chainsaw "Lightning")

I agree with Doc Whiskey that you should contact your town officials. Also, perhaps a call to your home owner's insurance? They must deal with this type of thing all the time and could probably point you in the right direction for help.

Contact a local lawyer that handles property cases. Every state and city has different laws. But he could be in serious trouble himself if his tree is breaking codes. Sue him in civil court to get back the lawyer fees. That's the way to get him, but you are really risking a war. He sounds like a moron, it's hard to fight those types because they just don't get it. Best bet is let a lawyer handle it so you stay out of trouble. Never ever talk to him or have anything to do with him in any way now. Our system is set up to handle these things through lawyers so let the system work for you. Just hope he doesn't have juice in the mayors office or somewhere or some thing like that. Since he was the one who said sue and you have a legit claim, I would talk to a lawyer first. He will probably tell you to send him a letter first with a registered return receipt and have a copy with your complaint. I would call your insurance company to let them know his tree is destroying your property. Maybe they can handle it with their lawyer in small claims court. I would also find out if he's breaking any codes, which I'm sure he is and is ignorant of it. But never ever have any more personal contact with him, as soon as someone says they will sue you they opened up a can of worms.

I say trim the tree (the part that is touching your roof) and let him sue you. Where I live, any part of a tree that is on my side of the property line I can trim. Of course I have to live by my neighbor and would want to keep the trimming to what's necessary and keeps the tree attractive.

I would not involve a lawyer yet. Simply ask your town authorities whether you have the authority to trim parts of a tree that are rooted in your neighbor's property. If so, get a professional tree service and send him the bill.

Doc Whiskey and Big Daddy are both right. In most cases anything that is over your property line is your responsibility to take care of, this includes any trees or bushes that are planted on a neighbors property. Contact the town to find out specifics of the laws there and then have a lawyer handle the rest. It's a pretty cut and dry case so there shouldn't be too much litigation involved and that will keep your costs low. You could probably even ask the lawyer to set a flat fee for the issue.

consult a lawyer..but I think you are in the right here....

I think you are in the right,however if it were me I would cut the tree limbs that are hitting your house,one they are in your yard,two let him sue you he can't win.

I am a former city manager. In my experience, local governments are usually reluctant to get into the middle of a neighbor dispute unless there is a public purpose in intervening. Usually, they will say is is a civil dispute. Most local ordinances would not address this situation. I've seen a few that will address a dead tree on private property. Typically, you have the right to trim back the tree off of your property provided that you do not kill or irreparably damage the tree. This is a great resource: http://www.nolo.com/resource.cfm/catID/D0B308BB-D553-438E-94E8D66498A911D7/213/243/267/ I also recommend the book that they sell called Neighbor Law. I have used it as a reference book in my past jobs in city management: http://www.nolo.com/product.cfm/ObjectID/920EBFCB-3ECE-4CC9-A2ED7FCF1EE6E6B3/catid/D0B308BB-D553-438E-94E8D66498A911D7/213/243/267/

It depends on how passive agressive you want to be. I would either cut the tree or file a lawsuit and have your neighbor served. The former option is easier, but the latter would piss your neighbor off and make him work.

Anything over your property can be trimmed so long as you don't kill the tree especially if you've asked him and he refused.

sue him first?

The real property rights extend on a vertical plane(like a football goal line) and you have the the rights to all physical tangible assets above your said propery line.

Trim the tree carefully so as not to damage it. If it's damaging your shingles it's completely within your rights to protect your property. If your neighbor has a problem with it, tell him to compllain to the town office. He'll get the idea once they laugh him out of the building for trying to file such a frivolous complaint.

Call the city code enforcer, or the fire marshall. They'll set him straight.

if HIS tree is causing property damage to YOURS...can't you charge him for that???

Just trim the tree so it is not touching your roof! Don't be excessive about it and he probably won't even notice. If he does, your just calling his bluff...what a$$hole is going to sue over some branches trimmed off a tree? If he does sue, I'm sure you'll win.

Take pictures of it, and send it to him. If he still refuses to cut the tree, you have the right to do it yourself. Keep the pictures in case he still objects. Hows he gonna know if he doesnt even live there?

Murder him for being such a spiteful ass. It's a fucking tree!!! And trimming is isn't even going to kill it anyway!!

Take a picture of the tree and where it is brushing up against your roof. Take a picture of the damage too. Mail him a certified letter with a return receipt. In the letter state that he has permisson to come on to your property and trim the tree. In the letter state that he has two weeks to comply and that the moring after two weeks you will hire a tree trimming service to come trim the tree. This way you will have professional tree trimmers so he cant bitch about possible damage to the tree. But first I would contact my city's code enforcement department. They can give notice for a person to have their yard mowed, so I am betting they can help you with your problem. But make sure you have your house in order, so to speek, he may sick them on you for something.

I know what I'd do.... Wait 'til he leaves and whip out the chainsaw.

you need to get a copy of the local laws pertaining to this. Ask what the codes and ordinances state, ask for a copy or a website where you can look it up.Or do an online search-- I have found all of my state's laws online. Maybe you can find your state and local. Don't ask the officials to do anything else for you. Then send a copy of the applicable ordinance paragraphs you find, to your neighbor. You should point out that his tree is damaging your house. Ask him what he plans on doing to remedy the situation, tell him you would be glad to work with him on the solution, all you care about is getting the damage stopped for your roof. you could send a very reasonable matter of fact letter to him, that would prove to all legal people involved, that you are trying to be a reasonable person and if it doesn't work, you will get points in court for having tried, later on.

You probably should've cut the tree a lot sooner. Any part that is hanging over your property you can chop right off. He has no legal standing, and you have nothing to worry about.