I have noticed that my old backyard tree is slowly dying. My neighbor pointed out that one large branch has been drooping lower and lower over his driveway. He’s concerned that it may fall on his car – or worse, someone in his family. I called a tree pruner to my home. After confirming my neighbor’s fear that the branch may fall, he gave an estimate of thousands of dollars to cut it down. I really don’t have that kind of money available.

Additionally, I recall learning once that if Reuven is disturbed by Shimon’s branches that extend over his property, Reuven must pay to have those branches removed.

Q: Is it, in fact, my neighbor’s responsibility to pay for the branch to be pruned?

A: Shulchan Aruch (155:26) discusses the issue of someone cutting branches from his neighbor’s tree that crosses the property line and creates a nuisance. In that case, the neighbor must remove the nuisance on his own account. However, the question in your case is whether the halacha is any different if the concern is danger rather than a mere nuisance. Shulchan Aruch (C. M. 416) discusses the case of a wall or tree that may fall into the public domain. Bais Yosef (C. M. 416) cites the Rashba, who rules that Bais Din is authorized to force people to take responsibility for their property that threatens the safety of others, even when the potential threat is to a neighbor rather than to the public. Accordingly, the Rema (ibid) rules that Bais Din can give the owner notice to remove the dangerous tree or wall.

The remaining question here is that you noticed the frailty of the tree on your own. It would seem logical that you are thus obligated to remove the potential hazard without Bais Din’s notice. However, many halachic authorities maintain that only Bais Din’s order can demand that the owner of the wall/tree take steps to prevent a potential accident, or the owner could assume that it isn’t his responsibility to remove this hazard. On the other hand, others argue that the necessity for Bais Din’s order is only if the hazard requires expert opinion (Prisha 416, Halacha l’Moshe Niskei Mammon 13/19, Toras Chaim Bava Kama 6b).

In summary, if branches from your tree are a threat to the safety of your neighbor and he approaches a Bais Din, you will have to pay to have that branch removed. Your obligation to remove the branches on your own is subject to debate, but because this question involves potential danger, it is advisable that you negotiate with your neighbor so that the hazard can be removed as quickly as possible.