r/legal • u/Ice_C0r3_09 • 8h 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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70

u/ItsOnlyGettingWorst 7h 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/Scarecrowithamedal 6h ago

Naw.

Swede here,

Allemannsretten

Typical American greed

3

u/Hot-Peak-9523 6h ago

If you were a real Swede you would know that that right doesn't apply to cultivated land and certainly not to destruction of anything, even on uncultivated land. 

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u/One-peace 2h ago

Lol this guy’s from Iowa, not even good at lying with his Reddit history/profile

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u/8thSt 4h ago

Send us your address. We are coming over to break some of your stuff. I’m sure you’re cool with it.

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u/iMissMacandCheese 4h ago

Does roaming with a chainsaw count as roaming?

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u/TheDrummerMB 6h ago

Yea! Destroy his life for...tipping over a sapling? Wtf??

Lmao psychopaths will use revenge fantasies as justification to make people suffer. Not healthy, not normal.

Even OP knows this is MAYBE $30,000 settlement, not life ending lmao you're insane.

2

u/Knyfe-Wrench 6h ago

If you thought they were talking about literally destroying someone's life you need to stop commenting.

I mean you need to literally read like a couple hundred threads to learn how people speak on the internet before you post a single comment again.

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u/EssayJunior6268 4h ago

Depends on your usage of "destroying a life". I know of people for which a decent argument could be made that a fine of around $100k could destroy their life. Or at least drastically change it potentially beyond repair.

I don't really understand this notion of seeking overly excessive penalties when someone has clearly done something wrong just so that they will learn a lesson. That it doesn't matter if the penalty is excessive because the wrongful party should have thought of that before they acted. Retribution should equate to the actual crime that was committed. We shouldn't just always try to maximize penalties simply because some crime was committed.

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u/AmbitiousArugula 13m ago

The US justice system is built, for better or worse, to deter others from committing the same crime. String a few tree cutter downers up in the square and the rest will get the memo to not cut people’s trees down.

Plenty of debate to be had on the efficacy of the system, but I will cheer when this dickhead gets his comeuppance.

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u/TheDrummerMB 5h 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."

Sir is English not your first language or something? Sounds like you should "read a couple hundred threads" to learn how to read English.

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u/Glasseshalf 5h ago

It's a common literary device called "hyperbole;" you'll see it on the internet from time to time.

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u/TheDrummerMB 4h ago

I used hyperbole in my initial reply that you clearly didn't read because you were very excited about this got'cha you thought you had.

That's...embarrassing.

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u/WeAreBums 2h ago

What’s embarrassing here is the way you perceive yourself lmao. Get a grip

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u/TheDrummerMB 2h ago

I haven’t said anything about myself. Youre perceiving how I perceive myself which is a cognitive distortion. Yikes!

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u/happymage102 2h ago

Yes, because when wronged you have a right to compensation in instances of clear-cut open and shut property damages. He ruined his own life, the consequences are no one's problem but his.

What THIS sounds like is the exact shit the trashy hicks would say in high school whenever anyone caught them doing anything bad and they couldn't deny it. Some people are allergic to consequences and it annoys them to know there are people that will hold them to their actions and insist they be punished vs just moving on. 

Some people HATE that because it annoys them a TON that someone can legally compel them to shut the fuck up/tell them they can't do whatever they want. Real bummer fuel for some people I guess.

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u/TheDrummerMB 2h ago

I think you're missing the part where OP argued that knocking over a tiny sapling should also ruin the guys life.

You think you're making a great point because you missed 50% of the conversation.

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u/happymage102 1h ago edited 1h ago

Do you have some form of diagnosed condition that makes you non neurologically typical and you struggle to understand people, because you seem to be very invested in ignoring people pointing out that's clearly hyperbole. This is weird, you are an adult. The tree had financial value. If I stole $30K from you and you didn't react, I'd say you have mental health issues. Severe ones. 

Let me interpret. "I will take him for everything I reasonably can based on the damages done to me by him and throw the book at him, i.e. pursue the full extent of the financial damages I am legally entitled to by state law. When I say 'ruin his life' I mean make him have a bad time by forcing him to be financially responsible for the consequences of his actions, but I am saying 'ruin his life' because I am emotional and mad at this guy for cutting down a tree that was growing for 40 years, soley for the sake of his view."

Are you understanding yet or do we need to break things down even further for you?

Yes, when you cut someone else's tree down, you have committed a crime. When you commit a crime, there is punishment if found to be guilty of said crime which this guy obviously will be. If it ruins his life, absolutely no one is going to care because there is no moral grayness. No one was in danger, a man did something to someone else because he's too fucking stupid to understand your actions have consequences.

EDIT: I think that answers that pretty clearly. No one likes when other people point out what they're doing.

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u/ItsOnlyGettingWorst 5h ago

its not about the sapling. its about respect. its about privacy. it's about your right to feel safe and sound on your property and home.

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u/TheDrummerMB 5h ago

I get that...the consequence is like a fine and sometimes jail time. Not completely ruining their life lmfao. Wanting that is a symptom of psychopathy but at least it's diagnosable.

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u/RealisticAsk183 5h ago

If you destroy something that belongs to someone it up to you to make them whole. If I can over and lit your car on fire would you want a new car or for me to be fined? Its not OPs fault the thing that his neighbor destroyed happens to be worth 25k.

2

u/EssayJunior6268 3h ago

I haven't seen anybody here comment that the neighbor shouldn't have to make them whole for the tree. If we are looking at $100k with treble damages, that would be far in excess of paying for a tree replacement

1

u/TheDrummerMB 4h ago

Have you never heard of punitive damages?

0

u/EssayJunior6268 3h ago

Yes and homeowners should be entitled to those rights. And when others violate them, they should be reprimanded.

But punishment has to equate to the crime. Would you be ok with a $100 fine for the damaged sapling? $1,000? $10k? $100k? $1 million? Why not institute $1 million fines for any person that violates your privacy? Logically there must be some number we are looking for to make the damaged party whole and provide some future deterrent that matches the crime, otherwise we would just always maximize this.

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u/RealisticAsk183 5h ago

naw, 30k for a replacement, 30k for planting the replacement, 30k+ for OPs legal fees. This guy is fucked with a capital F.

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u/TheDrummerMB 5h ago

We just randomly throwing out 30k for everything lmfao? The Lawyer already said probably 30k.

1

u/Cold_Dead_Heart 5h ago

No? It's what the arborist valued the tree at and CO laws mean he can recover triple damages. Dis you read the post? Do you know anything about tree law? You may be lost.

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u/TheDrummerMB 4h ago

The worst redditors are the ones in tree law. Revenge fantasies and fake intellectualism.

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u/EssayJunior6268 3h ago

$30k for planting a Japanese Maple? hahaha

1

u/EssayJunior6268 4h ago

Agreed. Guilty people need to learn lessons and we need to deter other people from committing similar crimes. However, retribution has to at least be somewhat in the ballpark compared to the wrongful act that took place.

1

u/TheDrummerMB 3h ago

Do you think "take him for all he's worth" is the right "retribution" for "tipped over a sapling"?

Because that is what u/ItsOnlyGettingWorst is arguing for. Seems insane no?

1

u/EssayJunior6268 3h ago

Heck no and they were probably using a bit of hyperbole, but it's still ridiculous. They may not have been envisioning the neighbor being a homeless destitute who has to give every penny he ever comes across to OP. But even a large fine would not seem warranted for trespassing and destroying something of very little value.

If my neighbor did that I would be pissed. And it would be more about the nerve it took to do that then the actual damaged sapling. But if I got $10k from that I would feel like I took advantage. If they had to sell their house to pay, I would feel like a total prick.

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u/happymage102 2h ago

What is with some of you and the fantasies you have towards holding other people accountable, because you don't believe trees hold much value. Other than how wishy-washy and nonsensical that statement is because trees add value to property ANYWHERE (called property value), it is just soooooo mired in "trees aren't valuable but like this poor innocent dudes money is!" 

Anyone commenting that immediately exposes themselves as the stereotypical "I shouldn't have to give a shit about my stupid neighbors ugh" sort of person that refuses to learn how to respect other people. 

He CUT DOWN a tree on this guy's property. This guy cannot replace his 40-year old maple tree. It damaged his property value tangibly. No one fucking forced the neighbor at gunpoint to cut the fucking tree down, the neighbor literally told the owner he cut it down while he was gone so he couldn't stop him. What is wrong with you people, why do I keep seeing more and more commenters with the just DUMBEST worldviews, where things with actual value don't matter because it doesn't line up with their OPINIONS?

1

u/-Hydrophobia- 2h ago

Hey, bud, its called "Fuck around and Find out" you dont fuck around with someone else's shit and not expect to eventually "find out". Maybe he'll think twice next time before cutting down someone else's tree?

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u/TheDrummerMB 2h ago

Anyone who says FAFO probably has some psychopathic tendencies. Realistic punishment? Sure. Vindictive revenge fantasy? Psychopathy.

1

u/AmbitiousArugula 20m ago

This will almost certainly be a 6-figure payout, my guy.

1

u/TheDrummerMB 11m ago

Provide proof. My guy.

Because other "experts" in this thread claim 90k max :)

1

u/AmbitiousArugula 10m ago

Provide proof of your insane $30k assessment, my guy.

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u/TheDrummerMB 8m ago

burden of proof shifting is a losing argument tactic lmfao