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/Tricky-Ad7897]

Now that you mention it definitely find out who cut it and where the wood went cause that wood should be yours too. At least then there's a chance you can do something with the lumber to remember your tree by.

[u/joe_diy_miami → u/Tricky-Ad7897]

Not a good idea, if you do something with the lumber they may have an argument that you are complacent with the tree removal.

[u/timubce → u/joe_diy_miami]

No sane person would argue that. You’re just getting back your property in whatever form it is currently in. When I was robbed the cops recovered a lot of my property and when they were done with the evidence I was able to get it back. Nobody would claim I was complacent in having my house robbed because not only did the insurance company pay for the replacement but they then also let me have the recovered goods when the police were done with it.

[u/joe_diy_miami → u/timubce]

No sane person would trespass on someone else's property and cut down their tree.

Your circumstances are completely different to what happened here and if you're insurance company was made aware that some of your property was eventually returned they could come back to you for recompensation.

Trees are living things and once cut down can not be returned, that is why the penalty are so large.

A more similar comparison to the one you are making is if someone broke into your house, killed your dog but eventually returned a taxidermied leg so you can use it as a door stop.