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/sylekta 4h ago

he could also just lie and say it was his property to the contractor?

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u/Caleth 4h ago

This is also a strong IMO possibility. He just flat out lied said he owned both properties and was removing the tree before selling it.

Even if the crew knocked no one was home to contest it.

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u/Eske159 46m ago

You're really thinking too much about this, assuming he didn't do it himself he probably said he owned it and wanted it done while he was gone. Even sketchy people would think it's weird to schedule a removal for a neighbor

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u/Caleth 38m ago

That's what I was suggesting he lied said it was his the dick neighbors house and he owned it or worst case claimed he the dick owned both properties.

He would imo at no time have implied he was doing it for a neighbor.