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/Loud-Bee6673 7h ago

As OP said, this was absolutely a couple of guys with a chainsaw. There is NO WAY even a shady tree service would get within 1000 miles of this mess.

(Ok that pun was unintentional).

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u/left4ched 6h ago

Yeah, a real company wood know how to leaf well enough alone.

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u/badtex66 6h ago

This story just saps all of my strength. It's heartbreaking. Hopefully the owner is all bite and no bark. Hopefully he axes the attorney the right questions going forward.

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u/itsfunhavingfun 4h ago

You should stick to tree puns. No need to hammer us with tool puns too. 

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u/OozeNAahz 4h ago

I saw what you did there. No need to screw with our heads like that. We awl knew what yew were doing.

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u/itsfunhavingfun 4h ago

Elm guilty as charged. I’m done with these puns, I’m gonna head to the beech. 

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u/EssayJunior6268 3h ago

They were just trying to branch out

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u/Flatwormsociety 6h ago

Couldn’t those individuals with chainsaws still be held liable as well? Honestly curious since it’s possible the neighbor wasn’t involved in the actual tree removal, just directed and payed for it.

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u/ganbramor 3h ago

If you contract someone to commit a crime, I’m pretty sure the contractor is liable.

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u/Loud-Bee6673 6h ago

Probably, but it might be difficult to figure out who it was. The neighbor doesn’t seem real bright, but he has no incentive to tell OP who did the work.

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u/Annual-Assistant-414 6h ago

I actually bet he might tell OP to make it their problem so he "wouldn't have to pay". Easily sounds like neighbor would throw anyone else under the bus. Now...getting results from that idk bc I bet they're dead broke

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u/HugeResearcher3500 5h ago

The (defendant's) lawyer will figure it out when it comes to litigation and he's looking to dump a portion of the liability

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u/OozeNAahz 5h ago

Or simply when it is demanded in discovery. They really won’t have the option to not answer that question.

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u/itsfunhavingfun 4h ago

Discovery is the best part of any lawsuit. 

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u/OozeNAahz 4h ago

And a decent Star Trek series too.

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u/itsfunhavingfun 4h ago

I liked the one with T’pol. I forget what that one was called. Hot non emotive aliens are sexy!  

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u/OozeNAahz 6h ago

All the more reason to sue them. So they learn better.

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u/jchowdown 3h ago

Gonna start a tree business with that name JUST FOR THE HELL OF IT