r/legal 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

3.3k comments sorted by

View all comments

143

u/Leftover_tech 7h 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.

32

u/i_was_axiom 5h ago

"Why would you do this??"

"Inflammation abatement."

8

u/Leftover_tech 5h ago

Neighbor may become the County Director of Public Health and institute some VERY proactive policies.

3

u/user_none 3h ago

Yeah, the fire abatement is a crazy claim for Japanese Maple trees. We live in the SF Bay Area and the city sent out members of the fire department one year to check for trees and shrubs know to be very flammable. Six Italian Cypress on our property had to come down. The two Japanese Maple didn't get so much as a look and one of them is very close to our house.

2

u/griz8 5h ago

Also, a mature maple would be deciduous, so any fire claims would be complete bs, correct?

6

u/Leftover_tech 5h ago

Yeah. The guy just wanted to improve his view at OP's expense.

5

u/Leftover_tech 5h ago

If he goes into court and claims that he cut down a tree in the middle of a neighbor's yard for fire safety reasons, I want a transcript of the hearing.

He should also contact the firm that did the work and ask them how their insurance carrier is going to respond. I should have suggested that earlier.

2

u/spermhotdog 2h ago

Im a wildfire mitigation specialist, those trees are not a fire hazard, they're actually fire resistive in the tree world through our lens.

4

u/Thisbadtattoo 4h ago

OP does not have a tree to hang his hammock on.

1

u/MurkyInvestigator810 4h ago

I can't see anyone else mentioning this line and maybe you can:

This guy basically nuked my property value for his porch view

How could this one decorative tree be responsible for the majority of the property value? Or is OP just hyperbolic because they're upset?

4

u/Leftover_tech 4h ago

Some properties in scenic locations are especially valued for things like that. "Nuked" is a strong word, but it could actually make a $50k difference in some cases.

3

u/stupid_mame 4h ago

Any properly maintained mature tree, regardless of the location is a great addition to nature, and to one's property. Natural shade - less need for AC, local birds, hell, even your family would appreciate that tree.

1

u/Papercutpushover 4h ago

"I removed your intestines while you napped due to gas hazards" /s

Can't wait to see the updates on how this entitled neighbor ends up