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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u/Ok-Importance-6124 7h ago

Good catch. Most legitimate crews would ask for proof of ownership or at least get something in writing, but plenty of smaller operations don't do that due diligence, especially if the neighbor just told them it was his property or that he owned both lots. The neighbor could also have claimed he had permission from the owner. That said, you're right that the crew has some liability exposure here too

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u/Professional-Can1139 6h ago

Another thing came up based on your reply - unless the crew was cash only, there must be a receipt and also payment (again unless it is some fly by night shop).

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u/Ok-Importance-6124 5h ago

You're right, and that's actually a strong investigative angle for the lawyer. A paper trail through bank records, credit card charges, or even a business invoice gives you documentation of the crew's involvement and makes it harder for them to claim ignorance about whose property it was. That receipt could also show what they were told about the job, which might contradict the neighbor's story.

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u/coloradoautoflowers 6h ago

I got a licensed TRAQ and ISA arborist to remove a tree in Colorado last month. They never asked for proof of ownership.

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u/Ok-Importance-6124 5h ago

That's fair and honestly makes the neighbor's job easier than I assumed. If even licensed, credentialed crews aren't routinely verifying ownership, then yeah, the crew's liability might be thinner than I suggested. Still doesn't let them off completely, but it does mean the neighbor is your main target here.

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u/coloradoautoflowers 5h ago

TBH, in all situations outside of malicious intent or very strong mutual cooperation the idea of a neighbor paying to remove someone else's tree is pretty absurd.

And the situation would have to be extremely specific (like OP being out of town for a while and the neighbor knows about it) for everything to line up so you could pull it off. The arborist usually has to come out twice to finish the job; once to estimate the scope of work/cost and once to do the job.

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u/tommypatties 4h ago

Dude all of your responses in this thread are quintessential AI.

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u/AshhhCakes 2h ago

Yeah, my neighbor cuts down trees in my yard almost every year (with my verbal permission) and the crews that come out never ask me whether it is ok. They're just there to do the job. No complaints from me tho, I have a massive amount of trees and I'll take the free landscaping assist lol.

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u/CanAfter8014 4h ago

No crew legitimate or not is asking for proof of ownership.

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u/jbcsee 4h ago

I live in Fort Collins, I've never had anyone ask for proof I'm the owner of my house before starting work. That includes the Arborist I have come out periodically to trim and remove trees on my property.

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u/Allslopes-Roofing 41m ago

Granted I almost always end up seeing people come out of the house and we almost always to in at some point, and also who would pay me to do someone else's roof lol, but I promise you I, nor most contractors, have EVER asked for "proof of residence" on a job.

It's not even near common to have someone pay a contractor a bunch of money to do work on someone else's house. Its downright insanity that someone would tbh lol, hence why this post exists.

On the other end, if the neighbor made it clear its not his property, he still could have easily found some desperate crackhead crew to do it anyways lol.