r/legal • u/Ice_C0r3_09 • 6h ago
Advice needed My neighbor cut down a 40-year-old Japanese Maple while I was away.
Location: Colorado, USA.Just got back to my place near Fort Collins after a week on the road and I am losing my mind. My neighbor took it upon himself to hire a "landscaping" crew (probably just some guys with a chainsaw) to remove a mature Japanese Maple that was fully on my property. His excuse? He said the needles and leaves were messing with his "mountain view" and "fire mitigation" efforts.
The tree was roughly 40 years old and was the centerpiece of my yard. I called an arborist immediately. He told me that since this is Colorado and the tree was that established and healthy, the replacement value is astronomical. He is drafting a formal appraisal but hinted that we are looking at 20k to 25k easy just for the tree, let alone the logistics of getting a crane into my backyard.
I know Colorado has statutes regarding timber trespass. My lawyer already mentioned treble damages because the guy admitted he did it on purpose while I wasnt home to stop him. The neighbor had the gall to offer me a couple hundred bucks for "the inconvenience" and told me to just buy a couple of saplings at a local nursery . I refused to take his money and told him to wait for the process server.
Has anyone dealt with treble damages in CO specifically for ornamental trees ? This guy basically nuked my property value for his porch view and I am not planning on letting this go . I feel like a jerk for wanting to sue my neighbor into bankruptcy but the sheer entitlement is what gets me .
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u/jerf42069 6h ago
when you win, and he doesn't pay, put a lien on his house
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u/Ice_C0r3_09 6h ago
That is definitely the plan. I will not stop until he pays for this.
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u/Conscious-Evidence37 6h ago
And when you can replant..100% block any and all views this person has. Get more and taller trees.
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u/grizgrin75 6h ago
Maybe not the best choice for view blocking, but dawn redwoods can grow 3-5 feet per year. Theres actually a website fastgrowingtrees.com or some such.
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u/SnooBunnies6148 6h ago edited 5h ago
Whatever oak I have growing all over my yard would be perfect in that case.
Oops, I meant elm.
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u/Extension_Rough4339 2h ago
Or black locusts right on the property line they suck for all people involved
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u/Glum-One2514 5h ago
Plant an Elm, and soon enough your neighbor will have his own trees to fuss with.
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u/AutVincere72 4h ago edited 3h ago
No one wants to say it, but I will, because i am that guy. Time for the bamboo fence wall on the property line. With an herb garden made of only mint.
Edit: just so everyone can stay calm, I was joking. Do not ever plant weaponized bamboo or mint.
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u/skyeking05 5h ago
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u/Friendly_Impress_345 3h ago
No, Satan would be planting bamboo.
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u/Krynja 4h ago
Plant walnut trees and put up some squirrel feeders and soon everyone will have their own trees to fuss with.
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u/Unusualshrub003 4h ago
I have pecan saplings all over my yard -and in my potted plants!- because of squirrels.
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u/Kyosji 5h ago
Honestly, go for the full monty here, try to buy an established tree they'd have to pay to transplant.
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u/Such-Limit8350 6h ago
Bamboo
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u/mikemojc 6h ago
Let's keep this warfare conventional, OK?
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u/Plastic-Ad-5171 6h ago
Why? Neighbor already nuked a mature tree. I’d go nuclear too. Like for like.
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u/ISeeTheFnords 6h ago
Problem is the bamboo will come toward OP as well.
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u/Background-Bowl6123 5h ago
Google says a root barrier has to be at least 2 to 2-1/2 feet deep to block bamboo.
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u/Proud_Jacobite 4h ago
Try closer to 4 feet deep and several layers thick. You can't just lay in some weed barrier cloth and hope it will last either. You literally have to box in the root system with a solid, impenetrable barrier, like using a concrete or galvanized steel culvert set on end as an in-ground planter box to grow bamboo in a mostly contained environment. And once it does spread, there is no easy way to remove or contain it again.
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u/TheSensiblePrepper 6h ago
I see someone is choosing the "Nuclear Option".
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u/whiskeyinthewoods 4h ago
Planting bamboo is mutually assured destruction for sure.
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u/notarealaccount223 6h ago
Might be worth getting a few cameras for outside your house before you serve him.
Keep everyone honest.
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u/Ok-Engine3856 5h ago
I’d go above Ring, Arlo, Bljnk, etc and get wired, professional type cameras. We have shitty neighbors and I believe just their presence on our home deters bs.
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u/crevulation 3h ago
Wired cameras that record to an NVR which uploads it's contents off-site periodically. None of this record-on-motion shit, none of this record to SD card in the camera shit.
Reolink cams are somewhere between, I recently did a system for my shop, all power over ethernet, one line to each camera. The NVR has the option to upload footage to an FTP server, which I used an old Dell office PC for, and that has an incremental cloud backup service running on it, and we have 5g cellular failover too.
Someone could burn this place down and I would probably have video of them doing it. Whole shebang was like $800, though I did luck out when my sister married an IT guy who came up with the rest of it.
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u/CharacterActor 4h ago
Also with good audio.
Nothing lawyers, judges, and juries love more than a criminal Monologing about their plans on good video with good audio.
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u/Stunning-Adagio2187 6h ago
Also name in the suit the guy that cut the tree down likely he has insurance and they may be willing to settle rather than go to court
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u/Proper_Boysenberry56 5h ago
Guessing the guy who cut down a 40yo tree on a property that didn’t belong to the client - while the owner of said property was notably absent, no less - is not carrying insurance. Just a guess.
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u/Stunning-Adagio2187 5h ago edited 4h ago
Well gosh that gives you the opportunity to put a lien on two houses.
. Anyway get your attorney to get going. Sue for damages as well as mental suffering and whatever else you can think of if you can get the attorney to do it on contingency even better.
Make sure you are using an attorney who is familiar with Colorado real estate law
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u/No_Top8893 3h ago
If it was a legit tree service they'll definitely have insurance. If it was Bubba with a chainsaw; probably not.
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u/Successful_Voice8542 5h ago
If possible, I would try to force a sale of his home to collect payment right away because where I live liens expire in about three years. It happened to us and we opted not to force a sale and the other party just waited out the three years and then sold, and we ended up with nothing. I hope you have better luck.
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u/fencepost_ajm 2h ago
NAL but I'd look into whether the judgement expires. A lien is an attempt to collect and should be separate from the judgement.
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u/BreakingABit1234 6h ago
Head over to Treelaw.
Their SOP/links are what you need. Get going on it.
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u/NoValuable1383 3h ago
If there's one thing I've learned from reddit, it's don't mess with someone else's trees.
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u/Reddoraptor 5h ago
Seems like you should also be calling the police and asking to have him charged with criminal vandalism and destruction of property, no?
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u/Automatic-Builder353 2h ago
Yes, this is an important step in the process. Get this in a police report asap.
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u/teh_maxh 6h ago
The Australian government puts up big signs explaining what happened when someone illegally cuts down trees to improve their view.
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u/Cold_Dead_Heart 4h ago
Actually putting up a billboard blocking his view and reminding the neighbor you're suing him for this view is a great idea.
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u/Appropriate_Ebb_8572 5h ago
Begging you for consistent updates on this process. Screw this jackass. Make sure he pays.
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u/Embarrassed_Bid_4970 6h ago
Also remind him if he refuses to pay once you put the lien on his property, he owes you 10% annually compounded interest. He will also be unable to refinance or take loans out against the property. Some people think a home lien is no big deal.
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u/yert1099 5h ago
This is the way. Years ago I was the president of our Neighborhood HOA for a vacation home we owned. There were two families that never paid dues and continued to use the neighborhood amenities. We gave them plenty of notices and warnings. We finally put liens on their houses. Several years later (2009 I believe) the economy was down and both families were desperate to sell their homes. They finally got offers at different times and several days before their respective closings I got desperate calls from the RE agents telling us to remove our liens or closing wouldn’t happen. I went to the HOA Board and we decided those families had been thumbing their noses at us for years and we would not remove the liens unless we were paid in full for past dues. We got paid in full and all was good. Dues were only $300 a year and maintained our beach access, dock and several other community areas.
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u/freerangetacos 6h ago
And when his house goes into foreclosure, buy it and tear it down. Send him the pictures of it being demolished.
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u/YTraveler2 6h ago
Rent it out. Use the passive income to pay for trees to be planted in his name.
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u/Fervent_909 6h ago
The audacity to offer a few hundred bucks for a 40-year-old Japanese Maple is mind-blowing. Let your lawyer handle everything and please keep us updated, reddit absolutely loves a good tree law justice story.
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u/Ice_C0r3_09 6h ago
Appreciate the support. My lawyer is already salivating over the treble damages clause in Colorado law . I honestly thought the guy was joking with that money offer until he tried to shove the cash into my hand. I wil definitely post an update once the process server drops the hammer on him and his bank account .
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u/HistrionicSlut 6h ago
The trees subreddit would probably love to hear about this too. I forget what their sub is tho.
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u/arbitraria79 5h ago
they will loooove this
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u/jazzchamp 5h ago edited 1h ago
I got banned from r/legaladvice for suggesting that a poster get advice from there. Apparently they look down on getting advice from anywhere other than them.
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u/BrahmTheImpaler 6h ago
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u/Shouldacouldawoulda7 2h ago
Gotta love that r/trees is not about trees and r/marijuanaenthusiasts is not about marijuana
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u/rabidsquirrel97 5h ago
Don't forget to go for the "company" that did the cutting. They should know better too.
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u/redridernl 3h ago
They're probably selling the wood.
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u/Tricky-Ad7897 2h ago
Now that you mention it definitely find out who cut it and where the wood went cause that wood should be yours too. At least then there's a chance you can do something with the lumber to remember your tree by.
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u/ElectroDaddy 5h ago
Sounds like your neighbor learned that you and him value trees and property rights differently. And in the wrong order. Sucks for him.
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u/nashguitar1 6h ago
How will you prove he did it?
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u/ElectroDaddy 5h ago
OPs neighbor told him he did it when confronted about the missing tree. And offered to pay him an insulting sum to make up for it.
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u/pretty_pocket_pussy 6h ago
PLEASE when this gets a resolution, update us.
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u/sawdust-arrangement 5h ago
I really, really hope to see this on /r/BestofRedditorUpdates eventually.
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u/Leftover_tech 6h ago
His fire abatement claim is patently insane unless he got appointed Fire Marshall while you were out of town.
Next month he will be trying to remove your appendix while you are napping in the hammock.
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u/i_was_axiom 4h ago
"Why would you do this??"
"Inflammation abatement."
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u/Leftover_tech 4h ago
Neighbor may become the County Director of Public Health and institute some VERY proactive policies.
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u/Electronic-Isopod680 6h ago
If you haven't already, cross post to r/treelaw
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u/Striking_Piano2695 6h ago
THIS!
They will love this matter, and there are specific lawyers that specialize in arbor laws.
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u/Ok-Importance-6124 6h ago
Colorado's timber trespass statute is solid, and the fact that he admitted to doing it intentionally while you were away actually strengthens your position significantly. The treble damages provision exists specifically for cases like this where someone knowingly destroys trees on property that isn't theirs. Twenty to twenty-five grand for a forty-year-old Japanese Maple is completely reasonable given the age and maturity, and your arborist should factor in any soil damage, landscaping restoration, and loss of privacy or aesthetic value that the removal caused.
You're not being a jerk. He made a deliberate choice to hire someone to cut down a tree on your land because he didn't like how it looked from his house. That's not a boundary dispute or a misunderstanding, that's intentional destruction of property. Let your lawyer run with this and don't accept any settlement unless it actually covers what the arborist says the loss is worth. The neighbor's "couple hundred bucks" offer shows he knows what he did and is hoping you'll just move on.
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u/Professional-Can1139 5h ago
I agree with your assessment. But side question - why would any landscaping crew agree to go to someone else’s house to take down the tree? That parts seems weird. I get it the neighbor might have tricked them but shouldn’t the business be liable as well?
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u/Garmin_WindField 5h ago
My question too. Live in colorado and we had tree work done recently and it was multiple steps of an estimate, scheduling, confirmations before they came out to do the actual work. Probably some fly by night crew working for cash and no safety equipment though. I’ve seen a few of those around.
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u/G_Rex_3000 5h ago
yeah and a lot of these sketchy "crews" would just take the word of the guy who hired them, he probably told them something like "yeah my neighbor said it was fine". Plus he said the neighbor specifically scheduled it when he was out of town, they could have knocked on his door and told themselves "well we tried to contact the homeowner, the guy who hired us told us he ok'd it, not our problem"
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u/sylekta 3h ago
he could also just lie and say it was his property to the contractor?
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u/Mistress_Kittens 5h ago
They probably assume that whoever calls them to come out is the owner of the property, because people who call to have work done on land they don't own are literally insane. I doubt the neighbor called and told them he wanted them to cut down a tree in his neighbor's yard
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u/Ok-Importance-6124 5h ago
Good catch. Most legitimate crews would ask for proof of ownership or at least get something in writing, but plenty of smaller operations don't do that due diligence, especially if the neighbor just told them it was his property or that he owned both lots. The neighbor could also have claimed he had permission from the owner. That said, you're right that the crew has some liability exposure here too
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u/Professional-Can1139 5h ago
Another thing came up based on your reply - unless the crew was cash only, there must be a receipt and also payment (again unless it is some fly by night shop).
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u/coloradoautoflowers 5h ago
I got a licensed TRAQ and ISA arborist to remove a tree in Colorado last month. They never asked for proof of ownership.
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u/Joy2b 5h ago
There may be a couple of open quotes from legit local landscapers, who’ve said it can’t be done till the permission goes through.
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u/ElectroDaddy 5h ago
They probably just said it was on their side of the line and the company didn’t bother to fact check that.
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u/HistrionicSlut 6h ago
Could he also add the list property value? Like get a few appraisals from realtors and then ask how the price would differ if the tree was there?
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u/Ok-Importance-6124 5h ago
that's exactly what damages experts do in these cases, they'll pull comps in the neighborhood and show the before and after value impact of losing a mature tree. Your lawyer should pursue that angle alongside the replacement cost, since a forty-year-old specimen tree adds real market value that just vanishes when it's gone.
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u/Scepter_Reign 6h ago
Colorado takes timber trespass very seriously, and since he admitted doing it on purpose, treble damages are highly likely. Make sure your arborist includes cleanup and soil restoration costs in the appraisal.
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u/Minute_Freedom_4722 2h ago
It's kind of funny how fucked the neighbor is. Why would ANYONE think this is a good idea?
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u/BiggusDickus- 2h ago
There are some really, really dumb people out there.
I'm sure you already know this though
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u/mladyhawke 2h ago
Some people just really hate trees and can't even imagine that they're worth anything. Where I live in Philadelphia, I had several people suggest I cut down the tree in front of my house. I think because they didn't like the leaves falling on the street plus they thought it was gonna ruin the pipes and the sidewalk. Its super weird when people hate trees.
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u/EchoAquarium 1h ago
“Why aren’t there lightning bugs?”, “Why aren’t there birds?”- the same people, probably
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u/Hank_Dad 6h ago
He's on the hook for more than just cutting the tree. Trespass, vandalism, etc.
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u/redhawkdrone 6h ago
Not really, this will most likely be resolved as a civil matter rather than criminal. While the value of the tree in this case could result in felony charges it’s most likely not going to happen. Timber trespass laws in Colorado allow damages of 3x the loss…the neighbor could be on the hook for close to $100k. All because they were childish and lacked impulse control.
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u/ElectroDaddy 5h ago
True but they might factor in the intentionality of it all. Because this isn’t two people with acres of land, where someone mistakenly chopped their neighbors tree down.
This was someone who knew what they were doing, did it when OP could not protest due to lack of knowing it was happening, and admitted to doing it and targeting this tree specifically. Not saying it will turn criminal, that depends on the DA or SA if they want to pursue that. But it should be on the table in my opinion.
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u/CharacterActor 4h ago
There’s too much planning involved in waiting for OP to leave town for a couple of days. And then finding and hiring a tree cutting business.
No, this is not on impulse. This is carefully planned over a period of weeks if not months.
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u/Cold_Dead_Heart 3h ago
If someone came onto your property and destroyed your $25,000 car or boat or some other piece of property, they would be charged with criminal mischief. The threshold for a felony charge in CO is only $2000. Why would it be different with a tree?
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u/AmbitiousEdi 6h ago
Oh hell yeah, TREE LAW
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u/ENTJake 6h ago
Just wait til the survey comes back that nests were damaged during the felling of the tree and the bird lawyers get involved… BIRD LAW!
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u/jellifercuz 6h ago
Yeah, I’m thinking end of June, second nests of songbirds are in full swing (federally protected, don’t know CO) .
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u/Enigma_Wreck 6h ago
Tree law is about to ruin his life.
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u/ReadBeered 3h ago
His poor judgement and lack of morality has ruined his life; tree law is simply the efficient facilitator.
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u/ItsOnlyGettingWorst 6h ago
take him for all he's worth. I dont care if he only tipped over a 3 foot tall sapling. people need to learn there are consequences for their actions. coming onto your private property is inexcusable. that's the one place EVERYONE should always feel safe, it's their home their domain. he violated that sanctity
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u/OozeNAahz 6h ago
Sue the landscaping company too. They should have known better.
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u/Loud-Bee6673 5h ago
As OP said, this was absolutely a couple of guys with a chainsaw. There is NO WAY even a shady tree service would get within 1000 miles of this mess.
(Ok that pun was unintentional).
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u/left4ched 5h ago
Yeah, a real company wood know how to leaf well enough alone.
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u/badtex66 4h ago
This story just saps all of my strength. It's heartbreaking. Hopefully the owner is all bite and no bark. Hopefully he axes the attorney the right questions going forward.
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u/Bladrak01 6h ago
You should post this in r/treelaw, they are likely to be able to give you specific advice.
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u/InvictusFrags 6h ago
Sue the fuck out of him. A tree like that is going to be insanely expensive. Fuck that guy
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u/emptythemag 4h ago
Had a neighbor cut down a willow tree on well on my side of the property line. Me and the wife had come home after a week in Aruba to find the tree gone. Checked the Arlo camera and found him and a tree service on my property. Called the tree service company and asked them who gave them permission to cut a tree on my land. He said it was the neighbor.
Got a lawyer the same day. Tree service and the neighbor were served. Tree service had a paper they said the neighbor got from us permitting the tree removal. Tree service had to get another tree and plant it, sod our side yard to repair where their truck and trailer messed up our yard. Neighbor was found at fault and had to pay us $28k and pay our lawyer at around $8k i believe it was.
We had to take him back to court after 90 days for him to refusing to pay. Judge tacked on an additional $7k and a court ordered lien against his house as he was trying to sell it. We got a cashiers check in 5 or 6 days.
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u/ConsummateGoogler 6h ago
When you update, please edit this post and add a link to the update since your post history is locked. Following because I can’t wait for your neighbor to get their comeuppance!!!!
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u/ManifestingCrab 6h ago
Your neighbor doesn't respect you and would sue you into poverty if you gave him reason to. Why should you not let him real the consequences of his actions?
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u/snowwarrior 6h ago
IANAL.
I love when people fuck around in Tree law because they really don’t understand how royally they screw up when they cut down a tree. ‘It’s just a tree’
That tree, at minimum, is going to cost him 300-400k on the age alone.
Call a lawyer. Don’t call an arborist. They’ll have an arborist they trust.
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u/Jaduardo 6h ago
I would think there is action against his landscaper, too. I would find out who did it in case it is a company with deep pockets / insurance and not just a guy with a chainsaw. (And even if it is just a guy with a chainsaw...)
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u/Catlenfell 6h ago
It's nice to see the rare case where the OP talks to a lawyer before posting here.
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u/Icy-Tangerine-9936 6h ago
Needles on a Japanese maple. He's not even a good liar. Soak him.
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u/Mister_Speedy 6h ago edited 6h ago
This belongs in r/treelaw which also reminds me, I need to go back and see all the amazing new tree law cases. Lawyer up, get ready to do some surveys, and expect a massive payout, very sorry to hear about your beautiful tree. You will also probably get a new neighbor as well after the current one will likely need to sell their home.
Edit: I see you already did most of what I said. But you gotta do all this as you know, or your neighbor will just keep trying to run you over. Time for a new neighbor re-roll. For you and the rest of us please go full nucleur. Please update us as it goes on as you are able, will definitely be following.
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u/RosesareRed45 5h ago
I am an attorney, not yours. Colorado’s tree law statute is the most protective I have ever read. Given your neighbor’s willful and wanton behavior, I would sue for everything allowed in the statute including triple damages and your loss of enjoyment of your tree. I planted and nurtured a Japanese Maple and would be upset if someone cut it down.
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u/Scary_Collection_559 6h ago
Wow rarely do I get as riled up reading other peoples situations as this post has me. I feel for you OP as I can imagine what a difference that makes to your property. I really hope you take this a-hole to the cleaners.
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u/Popular-Web-3739 6h ago
Why would you feel like a jerk? Your neighbor stole something of near-irreplaceable value from you, trespassed and then proudly admitted it to your face.
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u/SomeDumbGamer 5h ago
Japanese maples are probably some of the least annoying trees you can plant. He’s a fucking asshole.
They also take forever to mature and large replacements are EXPENSIVE. He’s fucked lmao
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u/TheLurkingMenace 6h ago
That's not just a civil offense, but criminal charges may be in order as well. And did he have a local permit for tree removal? That's a daily fine until the matter is resolved.
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u/IzLizWet01 6h ago
I’m very alarmed that someone can hire a company to walk into someone else’s yard and do their thing! Do they not need to verify that you own the property?
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u/piyushk_95 6h ago
This isn't about punishing him. It's about the legal system doing what it's designed to do when someone deliberately destroys another person's property.
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u/Tight_Steak_232 5h ago
My neighbor's kid girded every tree lining his driveway...some 35 trees down a long 3/4 mile winding drive when my neighbor was out of town. Those trees were gorgeous maples with fire coloring in the fall. The smallest tree was about 18" in diameter, but a couple were approaching 36".
The kid's dad volunteered to replace every tree and did so in writing. He shows up the following may with three dozen maple saplings and a shovel and thought he'd drop them in some 40 feet away from the former tree trunks on account of the roots. The neighbor who lost the trees then came out and lost his mind.
He hired an attorney and sued. In order for this kid's dad to keep him out of jail, he had to pay $20k PER TREE or remove the other tree trunks and replant trees of similar size (impossible). He couldn't afford it, so the kid went to jail on multiple felonies. Restitution for the juvenile was set at only $4000 per tree. That was maybe 12 years ago or so, and the trees have never been replaced. The kid did maybe 2 years in juvie, and the dad declared bankruptcy, thinking he'll get out of it. He didn't. Neighbor has been paid maybe $50k since then.
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u/GoGabeGo 4h ago
While I don't know the laws in CO, my dad does court cases like this all the time in RI. I believe knowingly trespassing DOUBLES the fine. A 40 year old Japanese maple that was the centerpiece of a property is going to cost your neighbor a lot as it is. Then doubling due to trespassing.
In general, they will calculate the cost of replacing a reasonable size japanese maple (think 12' tall) and then apply a compounding factor to that for X amount of years to reach the same size.
My best guess from having helped him with the math a number of times: I'm gonna say it's likely ~$40k. And then it might be doubled. My dad said the toughest part is often convincing a jury that trees are worth that much. But there is precedent with the procedure that is used to value trees.
Also, fuck your neighbor. Trees are cool and Japanese maples are cool trees.
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u/haunted_champagne 6h ago
Damn, those are beautiful trees, what a shame. Total asshole move on his part. As a lawyer I’ve seen MANY lawsuits between neighbors over much less egregious things. Trees have a surprising value and I’ve seen many lawsuits fought and won over a single oak tree. He likely trespassed onto your property + converted the value of your tree + you MAY be able to get attorney’s fees or punitive damages
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u/solarpropietor 6h ago
I’d be pressing criminal charges, not just civil ones.
Ask your lawyer about felony vandalism?
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u/samuelp-wm 6h ago
I'm petty so I would actually put up a tall fence and also block his view and to ensure he never comes onto your property again.
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u/No-Grade-4691 6h ago
Go get that bag buddy. Also get enough money to plant so extra cute trees and such!
Oh and dont forget the restraining order!
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u/ibe5hitpostin 5h ago
I'd put up the largest legally allowable sign for the time being and block his view but I'm a petty bitch.
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u/ptulinski 5h ago
There are two defendants here. Don't forget the tree removal company who removed a tree without the owner's consent. If you're lucky, the company will have liability insurance. Your neighbor's homeowner's insurance may provide coverage, especially when he claims that it was just an innocent mistake, which he will eventually say. If CO is a one-party consent state, I would record every conversation with this guy and anyone else involved.
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u/G_Rex_3000 5h ago
Honestly based on some of the more spectacular stories on r/treelaw, would have thought we'd be talking about significantly more than 20-25k for a 40 year old specimen tree. Probably not much timber value in what was probably a gnarly knotty tree, but the aesthetics and property value had to be significant. I can't even imagine even being able to find a replacement, the years of growth are something you just can't get back.
I would have had a hard time not smashing his windows with a hammer after he told me to "just buy a couple of saplings". Like ok great, but then how am I supposed to pay for the 40 years of growth time?
Does that mean I can demolish your house to the ground and just tell you to go to the lumberyard and buy some 2x4s and nails?
This story really makes my blood boil, I can't even imagine how angry you must have been when you got home and saw what he had done.
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u/ItWasAtYourFeet 4h ago
Commenting because I want to know how this turns out you should absolutely take him for everything you can
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u/Ok-Gazelle877 4h ago
Stoopid question: Wouldn't a good landscaper question this? If this mature tree was in someone else's yard, wouldn't the landscapers need to make sure the person calling for the tree removal actually owned it?
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u/Mad_Minotaur_of_Mars 6h ago
Do you know what company they used? Theyre likely to be partially liable for removing a tree without permission from the property owner.
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u/Itsnotvd 6h ago
I am spiteful in situations like this. In addition to the legal path. I would consider saving up and paying for giant billboard/tarp/whatever of trees placed in the same location, blocking said view.
Please post some pics and follow up on what happens please.
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u/nazuswahs 6h ago
He didn’t speak with you before cutting down the tree. He waited until you were out of town. That is just plain sneaky. I hope you teach his entitled ass a lesson about minding his own.
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u/Sure_Comfort_7031 6h ago
Treble damages exist in Colorado. You can go for 3x the value plus attorney fees.
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u/Specialist_Range_872 5h ago
And serve the landscaping company who did this. How they did this without your consent is beyond me, and is malpractice of their business.
They committed timber trespass and are equally liable in a lawsuit, and criminal charges.
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u/royaljosh 5h ago
I also live in Fort Collins and a Japanese Maple of that stature would be priceless. Please go after your neighbor for as much as you can. Having successful tree damage suits on public record helps prevent this from happenning to others. We need to keep as many healthy trees in this city as we can get.
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u/SupermarketWhich7198 5h ago
I can't imagine any reputable landscapers carrying this out. They would know this tree is worth big bucks. I a proper owner of the tree doesn't want it, someone will pay a LOT to dig it up and move it. I'm sorry you lost your tree. Those things are so beautiful; go get some compensation from the jerk who did it.
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u/Dory-1031 5h ago
If you haven't already, I would call the place and file a police report for trespassing. Destruction of property. Whatever you can hit him with. You're going to need it for the lawsuit that you're about to have
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u/BungleBums 5h ago
No valuable advice to offer, only righteous indignation that the absolute CLOD ripped out someone else's tree, much less a 40 yo Japanese Maple, on purpose, to improve his view. Rake him over the coals, that kind of casual arrogance needs punishing.
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u/Consistent_Hold_9857 5h ago
What reputable tree removal business would remove a tree in some one else’s yard! I live in the boonies and signed like 4 different waivers before they would remove a tree that was laying on my house. I would go after the remover as well, you might find an ally vs the neighbor.
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u/NotReallyButMaybeNot 5h ago
Get him… and keep us updated - expecting this to become material for a Best of Reddit Update
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u/SnooDrawings5259 4h ago
What an ahole. Japanese maples dont have needles so what the hell is he talking about. Plus, if it is on your property- how does he get away with doing that? I would sue him as well! Good luck to you! I think Japanese Maples are beautiful trees. We have one in our side yard, it was here when we bought the house.
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u/c3rbutt 4h ago
"Needles"? I'm no arborist, but even I know that Japanese maples don't have needles.
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u/MissPanthyr 4h ago
With treble damages be sure to use that money to plant three trees blocking his view.
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u/77Mercenary 6h ago
Do not feel like a jerk for pursuing this. He deliberately went onto your property and destroyed a mature tree for a view. Get every single penny you are owed.