A couple weeks ago, we had a big snowstorm with wind, and lots of heavy wet snow. This tree is in my neighbor's yard, and its canopy extends over our fence. I have noticed a long branch that was broken during the storm. It's the branch hanging on the right. Here is a zoomed in shot of the broken limb: I know, bummer! It is hanging right over our fence about 30 feet up there. We can just grab the end of it swaying above our yard. Grrrr We wonder if the neighbor has even noticed, or if he will do anything about it. I have my co worker tree trimmers scheduled to come trim my Crabapple trees soon, but not sure if I want to pay them to deal with this... I think to do it correctly, the limb must be trimmed off at the trunk. Would take a climber... So, this is something that will need to be taken care of sometime. I sure do not want that big limb coming down on my shrubs !
It will be less expensive in the long run to have the tree trimmers properly take care of that broken branch. It needs to be cut flush with the trunk, any stripped bark sealed, and any branches underneath the broken one checked for damage. Would your neighbor be willing to pay perhaps half the trimmer's cost, just for this branch and any collateral damage? Start for asking them to pay for all of it, and then negotiate.
I would have thought that it was entirely up to your neighbours to bear the cost of removing the limb and treating the tree. After all it is theirs and growing in their garden. I just hope they get it seen to before the branch falls off completely and ruins any of the shrubs in your garden.
You'd think I might know the laws or rules pertaining to these tree issues over lot lines, working for a landscaping/tree company. I don't work in that division, so remain unaware. I think we have the right to trim it, if it is on our property...but it is his responsibility because the tree (and damaged limb) are on his side. I am going to let my hubby go visit with neighbor guy, see if he knows. Meanwhile, I keep watch... and hope we won't have any more of those high winds that might cause it to snap and fall.
I wouldn't want to comment on tree laws because I'm in a different jurisdiction. However, I've found that friendly discussion with neighbours is a better approach than mentioning the law, and I think that applies everywhere. It sounds like your husband is onto it. Regarding what should be done, I suggest you have an arborist assess the tree before deciding the course of action that should be taken. From the photo it looks to me like the whole leader may need to be removed, at least to a fork below the damage where another branch can take over. However, it's hard to say from just the photo.
I know my photo doesn't really show what it looks like. The hanging branch is about 25' long with three "forks". This is a silver Maple... a good for shade , but otherwise not a real desirable tree. Messy, with soft fragile wood. (so glad it is not in my yard!!) I have my company's tree crew coming soon, I will definitely be showing them. Brisbane, if you were around here- I'd invite you over to take a climb up there