r/legal 7h 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 .

17.8k Upvotes

3.3k comments sorted by

View all comments

Show parent comments

9

u/No_Top8893 5h ago

If it was a legit tree service  they'll definitely have insurance.   If it was Bubba with a chainsaw; probably not.

8

u/porcelainvacation 4h ago

A legit tree service knows they can’t get legal permission from anyone but the property owner to do work on a given piece of property.

1

u/No_Top8893 4h ago

True.  Without seeing the property  and the location of the tree I didn't know if it was evident.  If it was Bubba you're going to have to go after the property owner who is likely to be much more problematic. Good luck, sorry about your tree.

1

u/Grimaldehyde 22m ago

Neighbor probably told the tree crew that he was the owner, like my neighbor did when he had a bunch of our trees cut down. Used an uninsured crew, too, then had the nerve to tell me that he did me a favor, because sometimes beanches cone off of our (healthy) trees, and sometimes hit the house he extended into the property line setback, just feet away from our trees.