You can cut off any overhanging branches if you wish but you mustn’t keep them because they don’t belong to you.
If the branches are causing nuisance and you want to get someone else to cut them because you can’t do it yourself, provided you give the neighbour warning that you are going to do that, you can seek the costs from your neighbour.
You ask about responsibility of the branches.
It depends on whether any damage, even in a storm, was reasonably foreseeable. If the storm was of such magnitude that widespread damage could not have been foreseen, then the neighbour can escape liability. If however a reasonable inspection of the tree would show that it was diseased or decayed, then the neighbour would be responsible if they had not had that inspection carried out.
If they did have the inspection carried out but it was defective, then liability would attach to the neighbour and they would pass it on to the tree inspector.
Can I clarify anything for you?
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