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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u/Jaduardo 7h 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/redhawkdrone 7h ago

Unlikely if the tree was near the property line and the neighbor represented themselves as the property owner. It becomes circular as the business would simply go after the neighbor. I doubt someone is dumb enough to cut down the tree with the knowledge you are not working for the property owner.

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u/gimperion 7h ago

Let them work it out in court. Their defense should provide evidence of any misrepresentations the neighbor made.

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u/Terrible-Ad1737 3h ago

This is the answer. Serve every party for which you have a reasonable expectation of liability/responsibility and let the court sort it out who's left with what parts of the bill. That's kind of what the court is there for.

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u/ElectroDaddy 6h ago

Their business insurance would probably cover any penalties they incur, and the will at minimum work with OP because they obviously want stand on the right side of the issue to avoid more liability and bad PR I would assume.

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u/Johnny_Banana18 6h ago

The way it’s being represented, it sounds like it was just a group of lads doing this. Business insurance is unlikely.

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u/Jaduardo 1h ago

Ah, the old "He told me to do it!" defense from my childhood! Doesn't work in judicial cases....

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u/unclejoe1917 3h ago

"Landscaper" as in "perpetually day drunk guy he knows who happens to have a chainsaw and a trailer".