Tree on boundary line

[Kevin55]

Please move if not in correct cateogory.

Prior to me purchasing my property (approx 6 years ago) the neighbour replaced their fence.
There is a tree which is on the boundary line. Whoever replaced the fence decided to build it around the tree, taking space from my garden. Looking down the fence line it is clear to see the fence bulges out on to my boundary to make way for the tree.

Having recently completed a extension I suggested if the tree can be removed due to the constant fall of leaves i am getting on my roof. Neighbour is reluctant to do this, however has suggested i can cut any over hanging branches. Literally half the tree is over hanging! I dont see why i should have to have the headache of having on going maintenance.

Where do i stand with this? At the current time i have not mentioned that the fence has been erected on my boundary.
I have a good relationship with my neighbour so need to be cautious on how i progress.

 

[^woody^]

A neighbour's vegetation can overhang the boundary, and the adjoining neighbour is entitled to cut it back to the boundary line. The cuttings should be offered back to the owner.

Sorting out the fence line it's down to you either agreeing something between you, or involving solicitors. However, the neighbour may well have either express consent for the fence position, or implied rights for it to remain.