I'm no lawyer but I've been dealing with them for several years, with various issues including a dead tree on a neighbors property, and I can tell you for a fact that given your situation no lawyer is ever going to give you a straight answer on your issue.
One thing I will say from all the discussions I've had with them is this. Tell your neighbor if he wants to take you to court over something that has not happened yet to go right ahead. IF a limb falls, IF one of the dead trees damages his house in some way then you are typically going to be responsible for it. This because you knew it was dead and the potential was there for it to fall. If it is a living tree, in good health, and it falls then there was no reasonable expectation that it was going to fall and it's considered an act of GOD. Thing is SOMETHING has to happen, you have to be violating some ordinance, etc, etc, etc for him to actually have grounds to sue. Sueing just because the potential is there, at least in the state of NC where I am, is simply a waste of the courts time.
That said it sounds like your biggest problem is that your unsure about one tree. The truely dead ones your neighbor wants trimmed set completely on your property, and you have no problem taking care of them. Still your unsure of the ONE that straddles the line. You sound like you have no problem paying to have it take down also but are scared the neighbor will fuss about that too.
SO, my suggestion is this. If your so unsure about who is responsible for the tree draw up, or have a lawyer draw up, a paper stating you are taking responsibility for ALL of the trees hanging limbs across the line. In fact have the paper state the situation using words to the effect that you 'take responsibility for the- X number of- trees having branches extending across the peoperty line from lot so and so, (owned by ----) to lot so and so (owned by ----). Have the paper also state that, 'your taking responsibility for insuring that all x-number of trees- are cut or trimmed to your satisfaction in order to insure the safety of any and all personal property on both lots'. Have it state further that the neighbor has absolutely no problem with you doing so, and has no right to any form of recourseor reimbursement for what ever action you choose to handle the situation. Then have it signed by the neighbor and notorized.
Doing this, or at least trying, should solve all of your problems. IF he wants the job done then he will have no problem signing the paper. Once he does sign it, it gives you his blessing to do whatever the heck you want to do with ALL of the trees. If he doesn't sign the paper then he's going to have a really hard time continuing to threaten to sue you for not doing something he states he wants done but then won't agree to have done.
By doing things this way you basically turn his own game against him and turn things in your favor while killing any chance he has of continuing to threaten you. Good luck.
Again,not a lawyer, but someone who has always been pretty good at helping a$$holes make even bigger a$$holes of themselves and then hanging themselves with their own rope..
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Today's Featured Article - Listening to Your Tractor - by Curtis Von Fange. Years ago there was a TV show about a talking car. Unless you are from another planet, physically or otherwise, I don’t think our internal combustion buddies will talk and tell us their problems. But, on the other hand, there is a secret language that our mechanical companions readily do speak. It is an interesting form of communication that involves all the senses of the listener. In this series we are going to investigate and learn the basic rudimentary skills of understanding this lingo.
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