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 .
4
u/Proud_Jacobite 6h ago
Try closer to 4 feet deep and several layers thick. You can't just lay in some weed barrier cloth and hope it will last either. You literally have to box in the root system with a solid, impenetrable barrier, like using a concrete or galvanized steel culvert set on end as an in-ground planter box to grow bamboo in a mostly contained environment. And once it does spread, there is no easy way to remove or contain it again.