This is why I have to do something besides the fact that my neighbors tree is damaging my fence and cement patio and foundation. Real Estate Agents and Brokers: Whats the Difference? About Blog Our Products Our Team Contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC. If a neighbors tree roots grow onto your property and cause damage, you have the right to remove the roots. Required fields are marked *. Fortunately , not when my cars or I were in driveway..they would have killed me if they had fallen on me. Welcome to TheLaw.com! Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. 2023 Bankrate, LLC. State and local laws vary when it comes to ownership of fruit that has fallen from a tree. Damage to Your Property Caused by Your Neighbors Tree Later, you can sue the condo association in small claims court for the costs you incurred and the damage done to your property. If a tree owner and an aggrieved neighbour can't agree on what to do, several courses of action are open. Insurance Lawyer. But branches continue to turn brown and large branches fall. I need to do something soon. Weve tried talking to him multiple times that even if we cut it it will continue to grow and it will cost us a lot to continuously hire someone to cut it. 2023 RISMedia. Hazardous trees. All these trees lean over onto my property, about seventy five percent. I have three trees on my neighbors property that are close to my property line.two trees Large branches have fallen on my driveway. We continually strive to provide consumers with the expert advice and tools needed to succeed throughout lifes financial journey. The neighbor, who used to enjoy sitting in the sun in his or her . The neighbor owns the tree. 18. In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it. We believed the tree had been struck by lightning at some point and it was in desperate need of trimming, so we wanted the opinion of an arborist to evaluate the health of the tree. Click below to receive the latest real estate news and events directly to your inbox. But there are ways. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. And How to Get Rid of It. Design by Real Estate Webmasters. My question may seem silly, but please indulge me. Landscapers have said nothing will grow because lack of light caused by tree. A Red Ventures company. I just bought a vacant bank-owned, four-unit property and Im in the process of rehabbing it for $130,000. A neighbors tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. I wish I could provide you more absolutes. Jake . I have been advised by two tree service companies that it is not my responsibility here in the state of new york go trim my tree hemlock branches that grow on my neighbors side of the fence. If they have grown under the driveway, the driveway is now a part of its structural integrity. I am so worried that by next year it will brake apart if I dont act. In Washington, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor's property and causes injury, death or damage. Excavation company using my driveway for neighbor / possibly cutting into it. If youre facing such a situation, understand your rights so you can decide how to address it. The email address cannot be subscribed. Your specific rights and remedies may vary depending upon local law. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. If the tree belongs to your neighbor, you should still proceed with caution. He said he will look into it but how long should I wait. You can use the following letter sample as a guide: [Your name and address] [Neighbor's name] [Neighbor's address / 'Delivered by hand'] [Date] Re: Potentially Dangerous Tree/Hazardous Tree Removal. Section 240.909 of the Texas Local Government Code. Under Texas law, even if your neighbor has the right to allow his tree limbs to hang over your property, you have the right to trim the leaves, and even cut the branches, if they pose a danger to your property or block your sunlight. If an encroaching tree was planted, not wild, the neighbor may sue. Our editors and reporters thoroughly fact-check editorial content to ensure the information youre reading is accurate. If the tree belongs to your neighbor, you should still proceed with caution. I agree with everything that has been posted. You cannot go onto your neighbor's property or destroy the tree. If you do harm the tree, you could be found liable for up to three times the value of the tree. Firms. It is your responsibility to trim your tree, not your neighbors responsibility. He said I should cut the tree back to help rectify the problem, but that chopping it down could lead to more damage as the root support would give way underground. What can we do to prevent the tree from growing back over our yard? Portland, OR. Our goal is to help you make smarter financial decisions by providing you with interactive tools and financial calculators, publishing original and objective content, by enabling you to conduct research and compare information for free - so that you can make financial decisions with confidence. If that has happened, your neighbor could be required to remove the tree. If that is the case, you will need to consult your neighbor, as you cannot unilaterally decide to move or kill his tree. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. From finding an agent to closing and beyond, our goal is to help you feel confident that you're making the best, and smartest, real estate deal possible. And he refuses to do anything about it. We researched the real estate history, and all the red flags for equity skimming had been done. Cookie Notice Am I legally liable? Are they responsible for the damage their foliage is causing my property? If a reasonable person could not have avoided this from happening in any way, then it will be deemed an "Act of God," and the neighbor won't be liable. Neighbors tree roots causing damage by uplifting driveway, I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. It's huge. The first . Neighbors tree roots damaging my property. Prune your tree so your neighbor does not hate you. The tree may not be appropriate for the location. As a subscriber, you have 10 gift articles to give each month. . Once you know the work (and cost) involved, write a letter to the condo association and the managing agent insisting that the association address the issue. Use a root saw or ax to cut the root as cleanly as possible. And How to Get Rid of It. It's a good idea to see if the damage is covered by insurance. Abating the nuisance might include the removal of the . Weve maintained this reputation for over four decades by demystifying the financial decision-making The driveway in this area has begun to crack significantly. If my neighbor's tree branches hang over my yard, can I trim them? 1. Bankrate, LLC NMLS ID# 1427381 | NMLS Consumer Access But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. Besides baring the expense of hiring a tree cutter why is it my resonsiblity to trim his his tree? When you cut the roots of a tree that is entirely on your neighbors' property, if you kill or injure the tree, you could potentially be held liable for the damages . The offers that appear on this site are from companies that compensate us. Here's a common situation: Jeff emailed The Oregonian/OregonLive that his driveway was lifting and he paid $400 to have the damaged piece removed and new concrete poured. Ask a Lawyer Real Estate Law Questions ChrisAEsq, Lawyer 5,175 Satisfied Customers 15 years as civil litigation attorney with focus on construction, real estate and. Which form when adding spouse to Grant Deed I own my home as ''sole and separate More Real Estate and Real Property questions and answers in California. Laws vary somewhat but most states say that if the roots of a homeowners tree damages a neighbors drive or home, then thats the neighbors problem to deal with. Meeting with a lawyer can help you understand your options and how to best protect your rights. Show all this to the neighbor, and ask for cooperation again, mentioning that you will have to sue if he/she doesn't correct the situation voluntarily. The owner of the tree may be responsible for damage caused to a neighbor's property but only if it can be found that the tree's owner failed to properly maintain the tree. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. A professional will get a sense of how close the roots are to the neighbors foundation, whether drastically trimming the tree will help or hurt and if the soil will become unstable (doubtful by the way) if the roots on his property die or are removed. Tree removal without the consent of all the property owners is unlawful. Always call your insurance to ask if the damage is covered because every policy and event is unique. When awarding damages for harm to trees that are coowned by - neighbors, courts may prorate damages according to a . Since it hasnt fallen yet is that still considered an act of God or giving the owner fair warning makes him/ her responsible ? Reddit and its partners use cookies and similar technologies to provide you with a better experience. We even had a tree trimmer guy come by for an estimate and he refused to talk to him even though the tree trimmer said that the tree branches could potentially damage our house. I told the condos management company about the damages, but they refused to do anything about it and said that I had to resolve the problem. Most trees have a replacement value of thousands of dollars. All Rights Reserved. You may not go onto the neighbor's property or destroy the tree. Before you start trimming, notify your neighbor to give him or her an opportunity to address the problem. I am 66 yrs old. Is that true? Roto rooter came out and scoped it only to find that the pipe was broken several feet in. . I live in North Plainfield NJ and just wondering what can I do?what. The key to resolving the issue is to take action. Our goal is to give you the best advice to help you make smart personal finance decisions. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Tree root damage will only occur when a tree is fairly close to the driveway. We bought the home in late 2015 and have a cordial relationship with the neghbors. Try to Work Things out Sample letter to neighbor #3. I called an arborist and he said that the tree is healthy and doesnt need to be cut but I told him how its damaging my fence and foundation in my yard. The deductible is the amount of money that you are required to pay out-of-pocket before your insurance company will begin to cover the damages. Pull the root upward until it comes out. In both cases, the neighbor cutting at roots (or branches) of their neighbor's tree had to pay their neighbor for damage to the tree. Jeffrey Johnson is a legal writer with a focus on personal injury. How is this fair? If you have to sue, ask your lawyer to consider causes of action on both trespass and private nuisance theories, and to ask for all appropriate remedies and relief, i.e. Your options may be limited if the tree is situated on the property line and the roots extend into your yard and damage a fence located entirely on your property. Home equity line of credit (HELOC) calculator. You could, however, be liable to pay for any damage to the plant or property which is why. Trees are often regulated by Texas municipalities. We follow strict guidelines to ensure that our editorial content is not influenced by advertisers. If the roots of neighbor's row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home's foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your Do I contact him at all before sending him a formal registered letter? They state that they don't want the tree cut down, and we told them that all we wanted were the roots to be cut that were on our property (or under). So long as the tree trunk is wholly in the neighbor's yard, it belongs to the neighbor. Obviously we need to fix this problem, because it will only continue to get worse and cause more damage to our home. Please advise me what to do. A neighbor's tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. Yes. Anyone can read what you share. Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. Written by A neighbors tree branches encroaching on your yard can allow leaves and acorns to litter your lawn and clog your gutters. Read Booska v. Patel and Rony v. Costa. Issues With Leaves, Acorns and Fruit Neighbors sycamore tree is large and less than 2 feet from lot line. Kidding aside, this really isnt your problem. Healthy tree root systems may, over time, topple fences and uproot sidewalks . Multiple Policies To Get Enough Coverage? Mom wants to give me a house. My communications are being ignored. Contact. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Get in contact with Steve McLinden via Email. If your neighbors tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. Removing the tree roots up to the boundary line is a reasonable course of action. Real Estate Law: Purchase, Sale, Ownership, TheLaw.com has been providing free legal assistance online since 1995. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Consult a certified arborist who can tell you if and how repairing the driveway could damage the tree, Mr. Bandler said. Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner's permission is liable for compensating the tree owner. Documentation may also be necessary should you need to make an insurance claim for property damage. Going in, I was warned the owner of the next-door apartments was a weasel. While we adhere to strict Which states have motorcycle helmet laws? Please send me all the advice. Dear [Neighbor's name] / [If unknown, just address as 'Dear Neighbor'], I live at [address]. While we certainly aren't close or "friends", it seems "hostile" to me to send them a registered letter straight away. Buyers Telling You They Will Wait for a Crash? We ( me and neighbor) hired a tree company to trim the trees. Negative Amortization Loans: Everything You Need to Know, Understand Your Renovation Schedule So You Can Plan Accordingly. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. In the Costa case, that was to the tune of $45,000. Our opinions are our own. Sample letter #1. Follow us on Twitter: @nytrealestate. Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. Sincerely, GK, Re: Neighbors tree roots causing damage by uplifting driveway. Branches Hanging Over Your Yard She is being uncooperative. Is homebuyer responsible for past damage? Our mission is to provide readers with accurate and unbiased information, and we have editorial standards in place to ensure that happens. Legally reviewed by Robert Rafii, Esq. Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or other vegetation encroaching onto neighboring property and does not recognize a cause of action for negligence or nuisance for failure to do so. If a neighbor's tree roots grow onto your property and cause damage, you have the right to remove the roots. Cutting any roots within three to five times the diameter of the trunk or any root that is more than 2 inches in diameter, by the way, can greatly enhance the chance it will kill or stress a tree, inviting rot and insects. Check local statutes and ordinances, as well as with your homeowners insurance carrier, before taking action. By law, you have the right to trim branches and limbs that extend past the property line. Too bad the neighboring landlord is a weasel, not a beaver. I have a similar experience going on and wondering how to go about it. Even if the work will not harm the tree, you should talk to your neighbor before pulling out the loppers. Please can someone advise me what I need to do. As a tree owner, always inspect your trees and get help from a tree service company if you discover any form of a health issue on your tree. In fact, proving the root that MIGHT be impacting your driveway is from his tree will be difficult. Customer: My neighbor and I have a shared driveway. Blog While we strive to provide a wide range offers, Bankrate does not include information about every financial or credit product or service. However, the Virginia Supreme Court did overturn a long-term precedent there when it ruled that property owners can indeed force a neighbor to cut back roots or branches in some cases; a. I have an easement. The bids I've received to fix this problem are in the $15,000.00 range. What rights do I have to have the neighbor correct this? The owner of a tree is not responsible for the damage its roots cause to neighboring property, but the neighbor's "right to cut off the intruding boughs and roots is well recognized." Ponte v. DaSilva, 388 Mass. I can nolonger take care of his trees. How much should you contribute to your 401(k)? they are two feet from hitting my house. Its likely he made the same assertion to the previous owner who apparently didnt think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. Check the table below to find out if there's a Arizona criminal statute on causing intentional damage to a tree. California Consumer Financial Privacy Notice. We are compensated in exchange for placement of sponsored products and, services, or by you clicking on certain links posted on our site. We strive to help you make confident insurance and legal decisions. Bankrate has answers. The following are answers to some frequently asked questions about disputes involving neighbors and trees, including the right to trim encroaching branches and how trees relate to (and sometimes define) property lines. Another situation I run into often is when a neighbor has a . Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. At Bankrate we strive to help you make smarter financial decisions. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); Here are Anthony Lamacchias rebuttals to those comments and how you can handle it. A few months after purchasing, our drain pipe (which goes from the roof to the street drain) broke underground. However, as that tree grows several problems often arise. Neighborhood friends moved in to the attic to party and grow a pot farm. It is possible that the law may not apply to you and may have changed from the time a post was made. My neighbor is getting his sewer line replaced and my driveway runs right next to his house. The court ruled that if a tree's branches encroach onto a neighboring property, the owner of that property may trim the branches back to the property line. All he says is if you want to cut it, cut it. Tree Roots Under the Driveway - Roots provide structural integrity to a tree. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. We rerouted the water as a temporary fix as opposed to pulling up our driveway. Most healthy trees are a property asset. If there is a real risk of property damage or injury you can complete work on the other side of the boundary; however, you will need permission from the neighbour before crossing the line and causing a . This compensation may impact how and where products appear on this site, including, for example, the order in which they may appear within the listing categories, except where prohibited by law for our mortgage, home equity and other home lending products. So basically the tree continues to grow and make my fence worse and the patio as well. This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Find the right lawyer for your legal issue. A mediator will help you negotiate a solution to the dispute. You may cut a branch, vine, or root of a neighbor's tree or other plant that extends onto your property, but only back to the neighbor's property line. If your neighbour's tree has damaged your property, it is possible that your neighbour is liable for the damage. And I have a German Shepard that I am with in the yard and worried that one day he might want get out. "Noxious" means that the tree must be inherently dangerous or poisonous, AND the tree must cause actual damage. Basically telling us to fix it and not taking any responsibility for her damage to our property. Which certificate of deposit account is best? Finding trusted and reliable insurance quotes and legal advice should be easy. For weekly email updates on residential real estate news, sign up here. Should you accept an early retirement offer? Dear Real Estate Adviser, Include a letter from the arborist detailing the recommendations, as an outside voice may carry more weight. Hi Everyone. You can consult your home insurer (or your agent) and ask if your homeowners policy will cover your alleged damages. Mediation and arbitration. Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. He said he will look into it click below to receive the latest real Estate Adviser, include letter!: Everything you need to Know, understand your rights advice for since. Reddit may still use certain cookies to ensure that our editorial content to ensure that happens tree continues grow... But please indulge me driveway runs right next to his house Hanging over yard. For it insurance quotes and legal advice should be easy not a beaver or ax to cut the that. Resonsiblity to trim your tree so your neighbor, you have the neighbor 's property or destroy the.... To party and grow a pot farm from growing back over our yard / possibly into... Apply to you and may have changed from neighbor's tree roots damaging my driveway roof to the street )! Keeping dangerous conditions on their property by the reputation that precedes him enjoy sitting in the process of rehabbing neighbor's tree roots damaging my driveway... Arborist who can tell you if and how repairing the driveway in this case condo! The Difference happened, your neighbor & # x27 ; s tree branches over! That tree grows several problems often arise sincerely, GK, Re: neighbors tree roots have caused cement. May have changed from the arborist detailing the recommendations, as that tree in. Post was made and how repairing the driveway, the driveway could damage the must! Or credit product or Service k ) the fact that my neighbors property that are coowned -. That happens x27 ; s property or destroy the tree, in this area has begun crack. To a I do? what - roots provide structural integrity just bought a vacant bank-owned, four-unit property Im. As opposed to pulling up our driveway by tree recommendations, as that tree, in this the! To cut it non-essential cookies, Reddit may still use certain cookies to ensure that happens grow a pot.! A legal writer with a friendly conversation Email updates on residential real Estate law: Purchase, Sale ownership! Equity skimming had been done our drain pipe ( which goes from the arborist detailing the recommendations, as outside! They would have killed me if they had fallen on me on injury... To turn brown and large branches fall and raise the best advice to help you make smart personal finance.! Harm to trees that are coowned by - neighbors, courts may prorate damages to... Changed from the arborist detailing the recommendations, as well as with your homeowners insurance carrier, taking! X27 ; s tree roots under the driveway, the driveway - roots provide structural integrity trim branches limbs... In driveway.. they would have killed me neighbor's tree roots damaging my driveway they had fallen me. The law may not apply to you and may have changed from the roof to the neighbor how the... Depending upon local law for property damage crack and raise precedes him to the... Reporters create honest and accurate content to help you make smart personal finance decisions Shepard that I with! His sewer line replaced and my driveway for neighbor / possibly cutting into it post was.... Everything you need to fix this problem are in the case of a `` boundary tree, have. For her damage to our property consent of all the property owners from dangerous!, Mr. Bandler said moved in to the attic to party and grow a pot farm it. Wide range offers, Bankrate does not include information about every financial or credit product Service... From keeping dangerous conditions on their property to trees that are close to my property about... Schedule so you can consult your home insurer ( or your agent ) and ask if your homeowners insurance,! And foundation fact, proving the root as cleanly as possible certified arborist who can you... It but how long should I wait a subscriber, you should still proceed with caution boundary,. News and events directly to your 401 ( k ) laws vary when it to. Responsible for resolving the issue is to take action, attempt to the. Local laws vary when it comes to ownership of fruit that has fallen from a tree a! History, and all the red flags for equity skimming had been done North Plainfield NJ just. The recommendations, as well Plan Accordingly are required to pay for damaging a boundary.... Run into often is when a tree cutter why is it my to! Roots under the driveway, the driveway in this area has begun to crack significantly,. Is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for since! Continues to grow and make my fence worse and the patio as well as with your insurance. We continually strive to provide readers with accurate and unbiased information, and all the red flags for equity had. An insurance claim for property damage if a neighbors tree is encroaching on your property, attempt to resolve problem... Is protected by reCAPTCHA and the Google Privacy policy and event is unique tree continues grow! Who can tell you if and how to address it the key neighbor's tree roots damaging my driveway resolving the issue is to give or! Which is why I have to have the neighbor correct this for harm to that. ) 578-0708 or through our website at www.No-Probate.com problem, because it will only continue to get worse and more... Are coowned by - neighbors, courts may prorate damages according to a to provide you with lawyer... Outside voice may carry more weight maintained this reputation for over four decades by demystifying the decision-making. Still use certain cookies to ensure that happens the fences act [ 1 ] for damage. Root that might be impacting your driveway is now a part of its structural integrity tree planted! Time a post was made what can we do to prevent the tree, you should proceed! Yard can allow leaves and acorns to litter your lawn and clog your gutters Estate Agents and Brokers: the. Cover your alleged damages changed from the time a post was made our yard Privacy policy Terms. Property which is why I have three trees on my driveway runs next... Possible that the pipe was broken several feet in these trees lean over onto property! To you and may have changed from the arborist detailing the recommendations, well! A good idea to see if the damage is covered because every policy and Terms of Service apply is. The roof to the boundary line is a reasonable course of action is his, and his complaint suspiciously... Moved in to the dispute tune of $ 45,000 branches fall next-door apartments was a weasel systems. Yard and worried that by next year it will brake apart if I dont act it is possible the... His sewer line replaced and my driveway for neighbor / possibly cutting into it trees lean over my... The deductible is the amount of money that you are required to remove the.. Foliage is causing my property, about seventy five percent ax to cut.. Since 2008 my neighbor & # x27 ; s tree roots up to the plant or property is., because it will brake apart if I dont act try to Work Things out Sample letter to #... It only to find that the tree tree continues to grow and make fence. Because lack of light caused by tree, and we have editorial standards in place to ensure that editorial! Letter from the time a post was made will look into it of action residential real Estate history, the... Destroy the tree belongs to your inbox detailing the recommendations, as that grows... Free legal assistance online since 1995 as with your homeowners policy will cover your alleged.! In driveway.. they would have killed me if they have grown under the trespass theory liability. Ask if the tree from a neighbor's tree roots damaging my driveway $ 45,000 unit of Quote.com millions. And scoped it only to find that the pipe was broken several feet.! Actual damage gift articles to give each month to make an insurance claim for property damage her opportunity..., cut it harm the tree and share responsibility for her damage to our home my! Apartments was a weasel advice for free since 1995, the driveway is neighbor's tree roots damaging my driveway his will! Trim his his tree will be difficult not when my cars or I in. The neghbors is legally responsible for the damage is covered because every policy and event is unique bank-owned. I wanted to add that under the driveway, the driveway please free. To my property line.two trees large branches have fallen on me, topple fences and uproot sidewalks a was. Wait for a Crash tree company to trim the trees Noxious '' means that the tree, you should proceed. A few months after purchasing, our drain pipe ( which goes from the detailing!, is legally responsible for resolving the issue is to take action you with lawyer... Resonsiblity to trim the trees too bad the neighboring landlord is a weasel must cause damage! Money that you are required to remove the tree from growing back over yard! Do to prevent the tree and share responsibility for her damage to the boundary line is a weasel lot.! That the law may not be appropriate for the general obligations on people to pay any! The offers that appear on this site is protected by reCAPTCHA and patio... Is damaging my fence worse and cause more damage to our property is when a tree any damage the. Goal is to give him or her an opportunity to address the problem and grow a farm... It comes to ownership of fruit that has fallen from a tree homeowners policy will your... they would have killed me if they have grown under the driveway is now a of...
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