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Your neighbor is not in a good position to know if your trees are truly dead or pose any kind of danger. That’s why hiring an arborist or tree service expert can be such an important part of the process. If the trees are still alive and don’t pose any threat, you’re in the clear (but you may want to document and photograph everything in case events turn sour down the road).

But if a tree is visibly dead and near the property line, you should remove it to be safe. If a dead tree falls on a neighbor’s property, they may have grounds to sue for negligence. If any branches on trees have died, it’s a good idea to cut them back for similar reasons.

Generally, you do not have the right to take fruit from a neighbor's tree, even if the branches overhang your property. The fruit is considered the property of the tree's owner. While you may have the right to trim branches that cross into your yard, the fruit on them typically still belongs to your neighbor. However, laws can vary by state and municipality. In some areas, branches that extend into your yard or trees that straddle a property line may entitle you to some of the fruit. The best course of action is to speak with your neighbor, as they may be happy to share. If a conversation is not possible, check your local regulations before picking any fruit.

Ideally, you’ll have a good enough relationship with your neighbors that you can kindly mention this task in regular conversation. However, every neighbor (and neighborhood) is different. Your best bet will always be to ask directly and nicely, offering to contribute to the tree trimming efforts if you’d like. However, if you are bothered by the tree and your neighbor is unwilling to cut it, you can involve the help of the homeowners’ association or local authorities, if applicable.

The best way to protect tree roots is to avoid the roots entirely by excavating outside the root radius of the tree. For nearby projects, it’s a good idea to construct a temporary retaining wall. But that’s not always possible, depending on the project and the root system. In these cases, consider using alternative equipment like an auger to tunnel under the ground.

Remember, tree roots can damage nearby cement foundations as they grow. If a tree is close enough to interfere with large excavations, it may be better to remove the tree than risk future problems.