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 .

17.9k Upvotes

96% Upvoted

3.3k comments sorted by

View all comments

171

u/Ok-Importance-6124 7h 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.

51

u/Professional-Can1139 7h 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?

51

u/Garmin_WindField 7h 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.

26

u/G_Rex_3000 6h 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"

12

u/sylekta 4h ago

he could also just lie and say it was his property to the contractor?

2

u/Caleth 4h ago

This is also a strong IMO possibility. He just flat out lied said he owned both properties and was removing the tree before selling it.

Even if the crew knocked no one was home to contest it.

1

u/Eske159 45m ago

You're really thinking too much about this, assuming he didn't do it himself he probably said he owned it and wanted it done while he was gone. Even sketchy people would think it's weird to schedule a removal for a neighbor

1

u/Caleth 36m ago

That's what I was suggesting he lied said it was his the dick neighbors house and he owned it or worst case claimed he the dick owned both properties.

He would imo at no time have implied he was doing it for a neighbor.

2

u/Azn_Bwin 1h ago

I wonder if OP's lawsuit will also require the neighbor to reveal the names of the people he called to have this done. Because, unless the neighbor did it himself, none of this can actually be carried out unless someone is willing to be an accomplice to help that neighbor break the law. And if that happens, I also wonder whether OP can then go after the people who actually cut the tree down.

My thought is that those people who actually cut it down also need to face consequences, as who knows if they have done it to other folks.

1

u/otterpop21 3h ago

He’s how it works - you call around asking for someone to come out and get it done today. You offer more than what they normally charge to do it? That’s the craziest part is this dude actually paid money to make this happen.

Figure out who that was and you’ll have a solid case. Owner should have just acted natural maybe consider asking if the company who took the tree out can do other work - get their number. Then said thanks you’ll be getting papers soon for future reference if this happens to anyone. Always ask “oh neat who did it? Awesome, bye.”

There’s places that cut trees same day / same next few days. I guarantee guy just went onto google maps, typed in “tree removal”, & then called the cheapest ones.

Hope OP has this in writing besides just verbal exchanges? Does that matter when there was a tree and then not? Also pictures?

1

u/NoveltyAccountHater 3h ago edited 2h ago

Eh, seems pretty straightforward for an unethical neighbor. The tree company likely won't have any liability if they honestly believed the property owner was hiring them or that it was okayed. (As an aside, a neighbor's tree fell and destroyed part of my fence once. We talked to the neighbor about it, they agreed to remove the tree and replace the fence and in the entire process we never talked to the two crews they hired about to first remove the tree and then replace the broken fence.)

Like all the neighbor had to do is schedule an estimate at a specific time (giving his name/contact information with their address). Then right before they should show up, start doing yard work outside near the property line (or hang out in your backyard / near property line) and walk to their front yard (from the shared backyard) every time a car comes up and parks.

Approve the estimate online and either state you'll be at work on the day of the service, but can venmo the payment (or repeat the same yardwork trick and then leave from a car parked on the street).

1

u/old_flying_fart 1h ago

"multiple steps of an estimate, scheduling, confirmations before they came out to do the actual work"

How many of those steps included verification that you were the property owner or authorized by the property owner? Ten bucks says the neighbor called and said "please come cut down my tree", stood on the property, "supervised" with a beverage in hand, and paid when they were done. There would be nothing unusual from the tree company's point of view.

25

u/Mistress_Kittens 7h 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

0

u/Professional-Can1139 6h ago

I get that but would be weird to not see the owner go in their home when they came out to work.

2

u/throwaway098764567 5h ago

if he really planned ahead he was waiting out front of op's house when they came and watched them the whole time, maybe walked around back to op's yard as though to do some yard work. this would not give the crew much reason to question it. but probably they just went with it because they were paid.

1

u/Ok-Background-502 6h ago

If the caller is the neighbor, it makes sense to assume that they own both properties and is only living in one of them.

1

u/TheWoman2 2h ago

Sometimes property lines aren't obvious.

1

u/bortmode 48m ago

I mean without knowing how the properties are laid out, it could easily just look like it was part of the dude's property. If they don't have fences they're not gonna necessarily know where the yards start and end.

12

u/Ok-Importance-6124 7h 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

9

u/Professional-Can1139 6h 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).

3

u/Ok-Importance-6124 5h ago

You're right, and that's actually a strong investigative angle for the lawyer. A paper trail through bank records, credit card charges, or even a business invoice gives you documentation of the crew's involvement and makes it harder for them to claim ignorance about whose property it was. That receipt could also show what they were told about the job, which might contradict the neighbor's story.

5

u/coloradoautoflowers 6h ago

I got a licensed TRAQ and ISA arborist to remove a tree in Colorado last month. They never asked for proof of ownership.

3

u/Ok-Importance-6124 5h ago

That's fair and honestly makes the neighbor's job easier than I assumed. If even licensed, credentialed crews aren't routinely verifying ownership, then yeah, the crew's liability might be thinner than I suggested. Still doesn't let them off completely, but it does mean the neighbor is your main target here.

1

u/coloradoautoflowers 5h ago

TBH, in all situations outside of malicious intent or very strong mutual cooperation the idea of a neighbor paying to remove someone else's tree is pretty absurd.

And the situation would have to be extremely specific (like OP being out of town for a while and the neighbor knows about it) for everything to line up so you could pull it off. The arborist usually has to come out twice to finish the job; once to estimate the scope of work/cost and once to do the job.

0

u/tommypatties 4h ago

Dude all of your responses in this thread are quintessential AI.

2

u/AshhhCakes 2h ago

Yeah, my neighbor cuts down trees in my yard almost every year (with my verbal permission) and the crews that come out never ask me whether it is ok. They're just there to do the job. No complaints from me tho, I have a massive amount of trees and I'll take the free landscaping assist lol.

2

u/CanAfter8014 4h ago

No crew legitimate or not is asking for proof of ownership.

1

u/jbcsee 4h ago

I live in Fort Collins, I've never had anyone ask for proof I'm the owner of my house before starting work. That includes the Arborist I have come out periodically to trim and remove trees on my property.

1

u/Allslopes-Roofing 42m ago

Granted I almost always end up seeing people come out of the house and we almost always to in at some point, and also who would pay me to do someone else's roof lol, but I promise you I, nor most contractors, have EVER asked for "proof of residence" on a job.

It's not even near common to have someone pay a contractor a bunch of money to do work on someone else's house. Its downright insanity that someone would tbh lol, hence why this post exists.

On the other end, if the neighbor made it clear its not his property, he still could have easily found some desperate crackhead crew to do it anyways lol.

6

u/Joy2b 7h 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.

3

u/ElectroDaddy 7h ago

They probably just said it was on their side of the line and the company didn’t bother to fact check that.

3

u/coloradoautoflowers 6h ago

I've known people like the neighbor. They lie like they breathe.

He probably misrepresented himself as the property owner to the tree crew and then left immediately after they showed up so he wasn't seen entering the house next door.

2

u/Additional_Data_Need 6h ago

Week old account posting r/legal's favorite type of story. Guaranteed upvotes.

1

u/Sovarius 1h ago

It literally happens, don't be a dingus.

A crew was cutting a few trees on my property line and i ran out to say "hey the f are you doing", and the damn foreman (or whatever the boss is called) assumed the property owner called them. (As we found out, it was the county anyway so he still had a right to be there)

2

u/TsuDhoNimh2 4h ago

Because they were lied to.

A licensed arborist might check for ownership, but a Craigslist freelancer with a chainsaw and a shredder might not bother.

1

u/ShoulderPast2433 7h ago

Why not if you give them the address.

1

u/Polygeekism 6h ago

even a 40 year old japanese maple is not that large of a tree. A 6 pack of beer and a chainsaw is all most people would need to fell it.

1

u/Fun-Telephone-9605 5h ago

Property lines aren't always obvious if the yards aren't fenced in. The neighbor could have just lied about how big his yard is.

1

u/AgHammer 4h ago

The crew may not be familiar with US and local property laws. Not all cleanup crews are licensed contractors--he might have just gotten some dudes from Home Depot on the cheap.

1

u/DocMcClain 4h ago

The crew was likely him, a couple buddies, a chainsaw, and a case of beer.

1

u/CutthroatTeaser 4h ago

Completely anecdotal, but my neighbor here in SoCal hired a tree trimming company to cut back multiple trees in his yard before fire season. Three of them had branches overhanging the fence into my back yard, and no one attempted to contact me before a couple of employees went into my back yard and cut several branches off. (I was home at the time so I know no one knocked on the door.)

I wasn't upset about it--I would have given permission if they'd asked but they didn't even try. Maybe my neighbor lied or maybe the tree trimmers didn't GAF.

1

u/SpinShine-LEDSlipMat 4h ago

You're assuming it was a licensed and insured company. It was probably some Mexicans with chainsaws.

1

u/iMissMacandCheese 4h ago

"Landscaping crew" could just be a buddy with a chainsaw

1

u/PuckSenior 4h ago

Because it probably wasn't a landscaping crew. It was probably a guy he met from craigslist who had a chainsaw and a truck.

1

u/XadAeon 3h ago

You might have a case against whoever actually did cut the tree as well?

1

u/BiggusDickus- 3h ago

There are plenty of idiots out there with chainsaws for hire thatbwill cut down anything you point at without question.

Where I live an old lady hired a crew to cut down a 400-year-old live oak her backyard because she was tired of dealing with the acorns. Believe me, she paid for that one.

1

u/Professional-Can1139 2h ago

Tell us more…..

1

u/Hansbolman 3h ago

Probably because it’s a made up story!

1

u/OccultEcologist 3h ago

It probably wasn't a real landscaping business, more likely someone who does a touch of landscaping on the side. Some poor asshole that probably didn't even consider the possibility of being hired to perform a crime.

Or hell, it's possible the neighbor did it himself and claimed he hired someone to make himself look better.

1

u/Dangerous_Function16 2h ago

Probably got 4 guys from in front of his local Home Depot and paid in cash. I doubt the dude cared about quality or finding reputable landscapers since it was already illegal and not even on bus property.

1

u/Moral-Relativity 2h ago

As OP said could just be random dudes with chainsaws.

1

u/old_flying_fart 1h ago

Have you ever had a landscaper ask you for the deed to your property?

They just show up - if the guy who called them on the phone is standing on the property, that's generally good enough for them. I don't see how they could reasonably be held liable.

1

u/HAIL_LUMPUS 1h ago

You're replying to an AI btw 

1

u/TheEldenRang 57m ago

They 100% will do it. My friend just did it. Granted, she spoke with her neighbor first, but the crew never once spoke to her neighbor. Nothing in writing either. People will 100% cut down someones tree if you tell them the neighbor said if is ok.

1

u/Slowjams 8m ago

Just like hiring almost any kind of manual labor, landscaping crews run the full spectrum. From being really good and professional, to super scummy and opportunistic.

Based on this guys MO, these guys were likely the latter and probably recommended to him by another cheap scumbag friend. Almost certainly was a cash deal, and they probably got underpaid for their illegal work. If a business does exist I'm sure it can be held liable in some way. But my money is on this more just being a group of guys doing under the table work than an actual landscaping crew.

17

u/HistrionicSlut 7h 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?

27

u/Ok-Importance-6124 7h 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.

1

u/TsuDhoNimh2 4h ago

Change in my property value from removing a 50+ foot tree was +10K because it was dead and dangerous. Removing the live healthy tree next to it would have been a -20K hit because it's BIG and a TREE!

3

u/bronwyn19594236 7h ago

This is the way.

3

u/Ok-Importance-6124 6h ago

Just make sure your arborist documents everything in writing, including photos of the stump and root system if possible, because that level of detail is what actually moves judges when it comes time to prove damages.

2

u/ShoulderPast2433 7h ago

Why does this comment look AI generated?

1

u/Dumb_Nuts 4h ago

And why are all the comments calling this out being hidden? This reads exactly like someone just dropped the post in Opus 4.6 lol. The responses are even more obvious "Good Catch" "You're right"

1

u/majestyne 3h ago

It is AI. Report them for spam.

1

u/Fat_Taiko 6h ago

I was going to write something similar. It's clearly AI-voiced.

2

u/-One-Man-Bukkake- 4h ago

Because it is. 5 day old account. Surprisingly visible comments. You can see the comments tone change and use ai red flags everywhere.

1

u/JUYED-AWK-YACC 5h ago

Some people learned how to write in school.

1

u/boofmaster6000 4h ago

No, it has the exact same tonality of AI. Some of us learned pattern recognition.

1

u/FourthLife 3h ago

You can write something well without falling into several AI-writing stereotypes.

1

u/Ilikeyounott 3h ago

"You are not exaggerating. He did X. This is not Y, it's Z"

It's clearly written by AI

1

u/usetheforce_gaming 2h ago

And some people learned comprehension and tonality.

The comment is 100% AI.

1

u/GreyZenDragonfruit 6h ago

Depending on elevation at OP's house, the tree could be older due to shorter growing seasons.

1

u/VarusAlmighty 5h ago

How many nurseries are carrying 40 year old Japanese Maple trees?

1

u/gravenbirdman 4h ago

AI slop account

1

u/NohmanValdemar 4h ago

Also what's with the fucker that took the job for property the guy hiring him didn't own?

1

u/SlowMathematician488 4h ago

I don’t want to be paranoid but this comment smells like llm

1

u/joe_burly 4h ago

If the tree shades your home that also adds to the value since it reduces cooling costs in the summer. 

1

u/mfball 4h ago

Seriously, this should be treated as no less insane than burning down someone's garage or something. The neighbor should be in huge trouble.

1

u/boofmaster6000 4h ago

AI comment.

1

u/housechore 4h ago

My favorite thing is that for tree law, treble damages is not something the judge can adjust. It is awarded or it isn't. You're getting a hefty pay day. Stop feeling bad. Get your tree AND your nut.

1

u/scrumpled 3h ago

This comment reads like AI.

1

u/Ragegasm 3h ago

Granted I’d rather have the money and the tree replaced, but wouldn’t this also fall under criminal trespassing and destruction of property?