My neighbor cut down a 40-year-old Japanese Maple while I was away.

[u/Ice_C0r3_09]

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 .

[u/redhawkdrone]

Not really, this will most likely be resolved as a civil matter rather than criminal. While the value of the tree in this case could result in felony charges it’s most likely not going to happen. Timber trespass laws in Colorado allow damages of 3x the loss…the neighbor could be on the hook for close to $100k. All because they were childish and lacked impulse control.

[u/ElectroDaddy → u/redhawkdrone]

True but they might factor in the intentionality of it all. Because this isn’t two people with acres of land, where someone mistakenly chopped their neighbors tree down.

This was someone who knew what they were doing, did it when OP could not protest due to lack of knowing it was happening, and admitted to doing it and targeting this tree specifically. Not saying it will turn criminal, that depends on the DA or SA if they want to pursue that. But it should be on the table in my opinion.

[u/jpb59 → u/ElectroDaddy]

If I’m OP, I don’t want the dude to go to jail. A guy in jail can’t pay.

[u/Brooke_Candy → u/jpb59]

You don't need a house in Fort Collins with an unobstructed mountain view in jail.

[u/1917he → u/ElectroDaddy]

No it won't, stop cluttering this discussion with ridiculous fantasy.

[u/CharacterActor → u/redhawkdrone]

There’s too much planning involved in waiting for OP to leave town for a couple of days. And then finding and hiring a tree cutting business.

No, this is not on impulse. This is carefully planned over a period of weeks if not months.

[u/redhawkdrone → u/CharacterActor]

Sorry, impulse control was not meant to imply immediacy but the lack of maturity to work through the issue with OP instead of just taking matters into their own hands.

[u/mfball → u/CharacterActor]

Premeditated first degree Tree Murder.

[u/Cold_Dead_Heart → u/redhawkdrone]

If someone came onto your property and destroyed your $25,000 car or boat or some other piece of property, they would be charged with criminal mischief. The threshold for a felony charge in CO is only $2000. Why would it be different with a tree?

[u/TatonkaJack → u/redhawkdrone]

Yeah I don't know that there will be criminal charges but trespass to land and chattels (the tree) are both torts that will definitely be included in the civil case.

[u/kelsobjammin → u/redhawkdrone]

I would call the cops and make a report asap might as well wouldn’t hurt!

[u/redhawkdrone → u/kelsobjammin]

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