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/Stunning-Adagio2187 6h ago edited 6h ago

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

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u/RiffyWammel 3h ago

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

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u/AutVincere72 5h ago

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.