Ok to cut neighbor's tree? (house, codes, fence)

[TMing]

The trunk of my neighbor's tree has grown into my wood fence. That section of the fence has wood rot and need to be replace. I need to shave like 5 inches off the trunk so I can fit the replacement fence between the posts again. Should I go ahead and do it or should I get the OK from the neighbor? They are behind my yard so we have never met. Thanks.

[twingles]

Normally you can cut anything that overhangs your yard that won't damage the tree. Cutting the trunk might be risky if only because it might damage the tree - but I'm not an arborist so I don't know if that would actually affect the tree.

Got into a huge fight with my drunken neighbor (since left town) when we were pruning our tree that was on her property. Threatened to sue me, I told her go ahead - she worked for a judge and he must have set her straight when she went to work after the hangover wore off. Then when the tree finally fell on her house she tried to say it was OUR tree.

[TomMoser]

I would talk to the neighbor. If you were to cut into the tree, you might damage it. Also, it's a good opportunity to finally meet your neighbor!

[JudiPatooti]

Maybe you could call The Dept. of Agriculture to see if anyone can answer the question for you as to whether or not the tree will be damaged by what you plan to do. Sometimes when you cut a tree you have to spray it with some special black stuff(?) Not sure what it is, but I'm sure they, or Home Depot, can tell you. Guess it keeps the bugs out and seals up the cut area.

If a tree specialist tells you it will be fine, and how to do it correctly, then you could take that information with you to ask the neighbor's permission along with the person's name who you spoke to on the phone. You can try being really polite, explain what happened to your fence and then you can hope the neighbor is nice!

[BCW]

I'd suggest that you not cut into the bore, or trunk, at all. You can trim the parts that are overhanging your property line so long as that does not harm the tree. Cutting into the trunk will almost certainly qualify as harm to it. If your actions 'harm' the tree you could find yourself liable for damages/replacement costs for the tree, or you might end up weakening it to the point where it falls and may cause property damage -liability again.

I agree with TomMoser's advice as your first choice. If that fails, maybe contact your local gov't for codes and see if there's anything you can do. I don't know if NY/LI has any "continuing trespass" remedy as does CA.

Example of "continuing trespass" in a CA Q&A:
Q- His tree has grown wider, encroaching onto my property [or pushing aside my fence].

A- This is a continuing trespass and the neighbor must remove his tree (regardless of how long it has been encroaching).