I'm not sure what the tree is; however, if those berries are are the final fruit of the tree, then they will be a problem. Not that the berries themselves will be the issue, but in the spring when the berries are overripe with an alcoholic tingle, you will be amazed how many birds come to visit your property and pool. You'll be washing bird poop away every day until the berries are gone.

Also never allow a tree to grow that close to a fence, building, or paved area. As it ages it will expand to take out whatever man made objects you can throw at it.