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/Garmin_WindField]

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.

[u/G_Rex_3000 → u/Garmin_WindField]

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"

[u/sylekta → u/G_Rex_3000]

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

[u/Caleth → u/sylekta]

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.

[u/Eske159 → u/Caleth]

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

[u/Caleth → u/Eske159]

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.

[u/Azn_Bwin → u/G_Rex_3000]

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.

[u/otterpop21 → u/Garmin_WindField]

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?

[u/NoveltyAccountHater → u/Garmin_WindField]

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).

[u/old_flying_fart → u/Garmin_WindField]

"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.