Shooting a bird in a tree off the ground, with a rifle, is not for everyone. It's too easy to make a mistake. It's relatively dangerous depending on how much property is between you and your neighbors and the angle at which you are to your target.
I would suggest that if are going to use a rifle, you carefully consider the location of your target and it's proximity to anyone or anything that could conceivably be in the path of the bullet before and after it ricochets.
You don't have to hit your neighbor, you just need to leave a hole where he can find it, and your in big trouble depending on where you live
Much better to use a shotgun or shoot the bird on the ground only.