my neighbor came on my property and cut down trees without my permission

Thank you for reaching out regarding the recent incident in which your neighbor came onto your property and cut down trees without your permission. I understand how distressing this situation must be.

Based on your inquiry, your neighbor entered your property without permission and removed your trees. Under Colorado law, this conduct may give rise to several legal claims that could entitle you to significant remedies.

Trespass to Land

Colorado law recognizes the tort of trespass when someone physically intrudes upon your property without proper permission from the person legally entitled to possession. Based on the information you provided, the neighbor's unauthorized entry onto your land to cut down your trees may satisfy the elements of trespass. 

Available Damages

If you pursue a trespass claim, Colorado law allows you to recover several types of damages, including:

• Diminution in market value of your property caused by the tree removal

• Cost of restoration, such as the expense of replacing the trees or restoring the landscape

• Loss of use of your property

• Discomfort and annoyance you experienced as the property owner and occupant

Treble Damages for Theft

Colorado also provides a powerful statutory remedy that may apply to your situation. Under Colorado law, when property is obtained by theft, the owner may recover the greater of $200 or three times the actual damages sustained, plus costs and reasonable attorney fees. C.R.S. 18-4-405

To recover under this statute, you would need to prove by a preponderance of the evidence that your neighbor committed acts constituting the crime of theft—that is, that the neighbor knowingly obtained or exercised control over your trees (which are your property) without authorization and with the intent to permanently deprive you of them. The trees that were cut down and removed from your property are "property obtained by theft" within the meaning of the statute.

Next Steps

You may have multiple strong claims against your neighbor, including trespass. Depending on the value of the trees and the cost to restore your property, your total recovery could be substantial—and Colorado law allows you to recover your attorney fees if you prevail on a civil theft claim. 

If you would like to discuss your case further, please give our office a call at 303-688-0944 to schedule a convenient time for a consultation, or you may book the appointment online.