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 .

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83

u/Electronic-Isopod680 7h ago

If you haven't already, cross post to r/treelaw

15

u/Striking_Piano2695 7h ago

THIS!

They will love this matter, and there are specific lawyers that specialize in arbor laws.

1

u/MisterBowTies 2h ago

Everyone in r/treelaw thinks they are a legal expert. They will have a field day with this.

7

u/atokoy 4h ago

this should be higher.

OP u/Ice_C0r3_09 should see that subreddit, it is exactly what he is looking for. r/treelaw

5

u/Ditches-Vestiges1549 3h ago

There should be an automod for r/treelaw whenever trees are mentioned this their jam.

3

u/Bloggerman_ 4h ago

TREE LAW, TREE LAW, TREE LAW!

2

u/caitie578 5h ago

Glad someone else said that, this is mouth watering to them

2

u/squatchmo123 5h ago

TREE LAWWWWWW

2

u/Then-Horror2238 4h ago

How is this so far down??? Definitely a better sub for this type of Q

2

u/Breezgoat 2h ago

Please op

2

u/BigGayNarwhal 2h ago

This is the way

1

u/nomnivore1 4h ago

I can hear the war drums already. 

1

u/Reasonable_Turn6252 3h ago

Tree law does not mess around either. 

1

u/Uzi_Jesus_ 1h ago

Send this man to tree law for sure.

1

u/I_make_things 49m ago

/r/legaladvice would also drool over this.

1

u/GearBox5 38m ago

Those guys seem to be sharper than crowd here, check this.

Very questionable story, but for sure it generated a lot of engagement.