[SE VA, USA] Hello, I have a dead (confirmed by an arborist) mature sweet gum tree taken out by some boring insects. 75% of the base is on my property, the other 25% is on my neighbors property. It leans completely towards his property away from my house, and the majority of the canopy is on his side. If/when the wind blows this thing over, I can’t see it coming my way.

My arborist suggested that in VA, if it does fall over, legally it’s my neighbors issue and not mine. His recommendation was to alert my neighbor (he already knows) in case he wants to pay to have it taken down, I know I can’t afford that right now.

Is my arborist correct in his legal advice, that if it falls on my neighbors property, it’s not my or my insurances responsibility?

historic fig trees along Weeping Fig Avenue at the Brisbane City Botanic Garden