Tree hanging over back fence. Who responsivity is to trim it right back.?

YOU must discuss this with your neighbor before doing anything.  Once, the neighbor, gives you permission - then you can trim the branches at any time.

You are responsible for any branches that overhang your property, and you cannot expect a homeowner to cut them back FOR you. You are legally allowed to remove any overhanging foliage or branches--as long as that's ALL you remove. You may not go further than your property line. Any good tree service company who trims branches will not go further--so get someone who has a decent reputation, not some fly-by-night firm, just because it's cheaper. 

If the neighbor's tree FALLS onto your property, it's the owner's responsibility to clear it and repair any damage it caused. You may have to take him/her to court to settle that dispute, though. And just because it falls onto your property, it doesn't mean you get to keep the wood if he cuts it up. 

The best solution is to ASK the homeowner if they are planning to trim back the tree before you act; if they are not, then let them know politely that you are going to trim it back so it doesn't hang over yours. It's best to do this in writing, if you can, (keep a copy). You are perfectly within your legal rights to have it trimmed. But like I said, no further than your property line. 

I think the part of the tree that overhangs your property can be legally cut/trimmed/pruned by you. However, check with local regulations.

Yours as it is bothering you.  You might want to talk to the neighbor for many do not look over the fence into your property. But I am thinking perhaps it is a pruning thing as it is a fruit tree, so there is a right time and right way to do it(he would know) and may even be equipped to do it with the proper gear.

. If his tree damages the fence, then it is his responsibility to fix the fence. Pointing out to him the possible fence damage that could occur, he, because he is cheap, will decide cutting off the branch is the cheaper route to go and will do so.

The law is basically the same everywhere.

I am not quite sure if laws of his nature vary from state-to-state. However where I live, if something is growing over your property line it becomes your property. As such, you have the right to trim it back. Try to do so in order that you do not trespass on your neighbor's property and I'm sure there'll be no problem.

It is always a good idea to be neighborly with those you live with from day to day. Therefore, I would go to your neighbor with a friendly face and state that you are concerned the branches from the tree in question are going to damage your fence and therefore you will trim back the branches and dispose of them. 

Sure, you don't even have to speak to your neighbor about this, but keeping the lines of communication open with your neighbors where your boundaries are concerned could prevent feuding. Because if you just fire up a chainsaw and start hacking away, your neighbor is unaware of your intentions and might misinterpret what you're doing and become defensive or agitated.

I know in Maryland, you can trim any tree back to the property line, regardless of what the neighbor wants, even if it is his tree.  And if part of his tree falls into your property, each person is responsible for cleaning up what ends up on their property.  Does not matter where it came from.  

The word is ‘responsibility’.  

His tree, his responsibility. If it damages your fence, then he’s responsible for fixing it. 

Any part that overhangs your property can be cut by you.  But in the interests of good neighborly relations its best to talk with him and ask him to have it trimmed.  If he won't then you can do it.

My neighbor's tree did same to me, later he  cut it back further,