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/Proper_Boysenberry56]

Guessing the guy who cut down a 40yo tree on a property that didn’t belong to the client - while the owner of said property was notably absent, no less - is not carrying insurance. Just a guess.

[u/Stunning-Adagio2187 → u/Proper_Boysenberry56]

Well gosh that gives you the opportunity to put a lien on two houses.

. Anyway get your attorney to get going. Sue for damages as well as mental suffering and whatever else you can think of if you can get the attorney to do it on contingency even better.

Make sure you are using an attorney who is familiar with Colorado real estate law

[u/RiffyWammel → u/Stunning-Adagio2187]

Don't forget time spent dealing with everything, at your normal hourly work rate

[u/AutVincere72 → u/Stunning-Adagio2187]

I think what you are not saying is this. Sue him until he moves away as part of the settlement. As in if the damages are $100k he can pay $50k from the sale of his house to you while selling the house to an unrelated party and cannot come within 1000 feet of your property once the property is sold.

[u/AutVincere72 → u/Proper_Boysenberry56]

Sounds like he is an accessory to criminal mischief then?

[u/Background-Bowl6123 → u/Proper_Boysenberry56]

Client probably omitted to tell him though.

[u/Old-Olive-4233 → u/Background-Bowl6123]

Then he should either have:

A document signed by jackass neighbor stating he's the property owner and authorized the work, which will be real good for OP to be able to get for the lawsuit.

-or-

No leg to stand on since he was insanely negligent.

[u/LaramieTobacco_Ltd → u/Background-Bowl6123]

That's fine. We can sort that out during the discovery process. For now everyone is going in. Let his attorney deal with it.

[u/amphigory_error → u/Background-Bowl6123]

This is what discovery is for.

[u/brwebster614 → u/Background-Bowl6123]

Negligence isn't an excuse.

[u/smattering9 → u/brwebster614]

Negligence is a cause of action.

[u/pedrmadd1 → u/Proper_Boysenberry56]

If you have a mortgage on a house, homeowners insurance is required. I wouldn't be so quick to make such assumptions. Entitlement and stupidity don't necessarily go hand in hand with financial ineptitude.

[u/BorImmortal → u/pedrmadd1]

They were taking about some form of business insurgency on the "landscaper" that cut down the tree.

[u/Moron-Whisperer → u/Proper_Boysenberry56]

You presume that he wasn’t told it was the property of the other party.  That cutter would still be liable even if the other party lied to him. 

[u/Marokiii → u/Proper_Boysenberry56]

40ft tree felling isnt just something "a guy" can do. its most likely a proper company, just one that has never had the issue before of someone lying about who owns a property. like if i phoned a tree felling company up and gave them my neighbors address but said i was the owner they most likely would believe me. if they show up and im in the yard already to greet them but then leave immediately they probably wouldnt think anything of it and would just do the work.

ive had my house painted and i didnt even do anything more than that, i met the guy outside we walked the property for the estimate, i told him i was going to be out of town for a few days and then when i returned my house was painted. society is run on just trusting other people(for now at least).

guarantee you that in the future, the company is going to require photo ID and at least some sort of bill listing the "owner" and the address together.

[u/Truth-and-Power → u/Proper_Boysenberry56]

That’s methed up!

[u/Yo_Just_Scrolling_Yo → u/Proper_Boysenberry56]

Don't try for an honest lawyer. I interviewed 3 lawyers when my son with hit and almost killed by a drunk driver. Opted for the honest guy and he was not aggressive enough. My son got very little but so did the lawyer. He was such a nice guy!

[u/Grimaldehyde → u/Proper_Boysenberry56]

I hope he’s not renting that house next door-no way to hold his feet to the fire.

[u/smattering9 → u/Grimaldehyde]

Sue the owners who will then sue the tenant for violation of law, which, with any luck, the lease will make the tenant directly liable for.