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. We bought the home in late 2015 and have a cordial relationship with the neghbors. Our opinions are our own. Copyright 2023, Thomson Reuters. What are index funds and how do they work? If it does, a neighbor could bring a lawsuit against you for the death of the tree. Our goal is to be an objective, third-party resource for everything legal and insurance related. I have no way I can use that side Of my back yard. Be careful here, though. 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. Archived post. The neighbor isnt responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. What to do when you lose your 401(k) match. There are a number of things you can do if your neighbour's tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. . What rights or recourse do I have or do I have any? 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. But there are several more subtle ways in which a tree can damage a neighbor's property or real estate. We sent a certified letter letting the owner know about the problem. When I bought my home in 2018 my backyard cement patio and fence was straight. Search, Browse Law Cutting roots larger than 3 inches poses a risk to the tree because a wound this large is vulnerable to pests and diseases . Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. To ask a question of the Real Estate Adviser, go to the Ask the Experts page and select Buying, selling a home as the topic. They might not know what is happening on your side of the fence. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Last July I lost my husband and I asked them to remove the branches from my side. Compare Quotes From Top Companies and Save, Property Damage From a Neighbors Tree Roots Your Rights and Options, 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. However, the law only allows tree trimming and tree cutting up to the property line. Our editorial team does not receive direct compensation from our advertisers. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. We do not include the universe of companies or financial offers that may be available to you. 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. i have a tree that is solely my neighbors tree. Mediation and arbitration. The neighbor claimed he had an "absolute right" to cut the tree roots any way he wanted (in this case 3 feet deep) because they were uprooting his driveway. Copyright 1995-2023|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. This damage can be very costly to repair. You do have to live next to your neighbors., https://www.nytimes.com/2017/06/03/realestate/getting-rid-of-tree-roots-from-next-door.html. This is why I have to do something besides the fact that my neighbors tree is damaging my fence and cement patio and foundation. First, make sure the tree does not belong to the city; its illegal to prune a city tree without authorization or the proper permits. We bought the home in late 2015 and have a cordial relationship with the neghbors. If Arizona does not have such a law, general Arizona . I live in California btw. It is possible that the law may not apply to you and may have changed from the time a post was made. 1995 - 2019 TheLaw.com LLC. However, the law only allows tree trimming and tree cutting up to the property line. The owner of that tree, in this case the condo association, is. If the neighbor fails to take action, you may trim the branches yourself, as long as you dont cut any branches beyond the property line or trim the tree so much that its structural integrity or cosmetic appearance is affected. Period. If your neighbor took reasonable care to maintain the tree branch, and the tree branch did not seem to a reasonable person to be threatening to fall, then probably not. "This theory of negligence means that you would need to have known about the weakness of the tree limb prior to it falling on your neighbor's property and causing damage," adds Bumgardner. Jeffrey Johnson The tree in question is right on the border of our property. Fines for damaging a TPO protected tree are severe - up to 20,000 for destroying a tree even up to 2,500 just for causing damage such as cutting through roots. Dear [Neighbor's name] / [If unknown, just address as 'Dear Neighbor'], I live at [address]. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. A neighbors tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. 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. Removing the tree roots up to the boundary line is a reasonable course of action. This crowd even came with a Health Department link who closed our complaint of ripped vinyl siding and dented gutters claiming the trees were healthy. The berries are staining the clothes, my dogs paws are wet with berry stains coming into the house on my wood floors. A neighbors tree can grow so that branches or roots encroach on your yard, causing actual or potential damage. Its getting worse by the year. editorial policy, so you can trust that our content is honest and accurate. And he refuses to do anything about it. Texas Law May Allow You to Trim and Cut Branches Even with an Easement. Which states have motorcycle helmet laws? If you follow the cracks it leads right into the pipe and (should) explain how that was broken. Here's an explanation for how we make money 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. The reverse case is also true. How is this fair? For weekly email updates on residential real estate news, sign up here. My Neighbors Tree Roots Damaged My Driveway, https://www.nytimes.com/2019/07/06/realestate/my-neighbors-tree-roots-damaged-my-driveway.html. If the board fails to act, and the roots on your property can be removed or shaved without compromising the tree, hire someone to do the work for you. I paid for removal even parts of branches on my neighbors property. Hansen's was one of the few tree service companies with certified arborists so we hired them to evaluate the health of our Pin Oak and to advise us on what to trim. Does homeowners insurance cover tree removal? Before you start trimming, notify your neighbor to give him or her an opportunity to address the problem. Our most popular destinations for legal help are below. Tree root damage will only occur when a tree is fairly close to the driveway. I am 66 yrs old. Jake . Weve maintained this reputation for over four decades by demystifying the financial decision-making Healthy tree root systems may, over time, topple fences and uproot sidewalks . Make sure you know how to check if tree roots are gumming up your sewer line. Hazardous trees. Even if your homeowners insurance policy covers tree root damage to a neighbor's property, you may still be responsible for paying the deductible. editorial integrity, Bankrate has partnerships with issuers including, but not limited to, American Express, Bank of America, Capital One, Chase, Citi and Discover. Abating the nuisance might include the removal of the . The tree may not be appropriate for the location. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone elses home, is a nuisance. I need to do something soon. subject matter experts, Sincerely, GK, Re: Neighbors tree roots causing damage by uplifting driveway. 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. Your legal defense could rest on proof that the tree roots were invading your property and that you cut only on your property. He refuses to help or even offer to have his gardener maintain his tree. Sharing a tree with a neighbor If your neighbors tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. Bankrate recommends that you seek the advice of advisers who are fully aware of your individual circumstances before making any final decisions or implementing any financial strategy. 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. Kidding aside, this really isnt your problem. roots causing damage to your property; branches blocking sunlight from solar panels or TV reception. Deductibles. In this case the tree becomes joint property and both parties must agree to remove or prune the tree before any work is performed. Anyone can read what you share. Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment or causes a fire hazard. Firms. Excavation company using my driveway for neighbor / possibly cutting into it. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. If a tree on your property somehow damages your neighbour's property (for example, a branch falls on their roof during a storm), you are not responsible for the damage unless it was caused intentionally or through negligence. Once you can reach the root, use a shovel or trowel to remove soil from around the root until it's completely exposed. Dear Real Estate Adviser, Our goal is to give you the best advice to help you make smart personal finance decisions. Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condos property has roots encroaching onto my property. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Damage to Your Property Caused by Your Neighbors Tree | Last updated October 28, 2022. Its inevitable to fall. However, that owner may not go onto. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 18. Other states provide that neighbors may sue if the following conditions are met: Resolving issues with neighbors and trees requires a delicate touch. 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. Home equity line of credit (HELOC) calculator. Whiletrees and neighborscan sometimes be a volatile combination, especially among neighbors who generally don't get along, it's important to know your rights and responsibilities before taking drastic measures. 19. In my case my driveway pavers are severely damaged by protruding tree roots bulging from the ground and caused by a tree planted between my neighbor's driveway and my driveway. Please try again. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. Does the owner of the tree have to dispose of the branches or the person who cut the branches? Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. Read Booska v. Patel and Rony v. Costa. 1008 (1983). Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. What else can we do to resolve this situation? My neighbor's tree-roots are destroying my driveway. Although that would be a long, drawn-out process, the threat of litigation may be enough to get the condo board to act. Neighbors sycamore tree is large and less than 2 feet from lot line. Leaves are considered a natural product. But please dont commit arborcide to rectify the issue. Family Handyman. While we strive to provide a wide range offers, Bankrate does not include information about every financial or credit product or service. Bankrate, LLC NMLS ID# 1427381 | NMLS Consumer Access Click below to receive the latest real estate news and events directly to your inbox. which the tree grows out of the ground lies on both sides of a property line. I am in North Plainfield Nj. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. But most importantly, you came after the fact, Derak, and nearly all laws on the subject say that new property owners arent responsible for damage caused by trees on their land before they purchased it. Possibly, it will vary by state. You could, however, be liable to pay for any damage to the plant or property which is why. My question may seem silly, but please indulge me. I also have a neighbors tree problem. A typical example is damage to foundations from encroaching tree roots. You can consult your home insurer (or your agent) and ask if your homeowners policy will cover your alleged damages. 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. California Consumer Financial Privacy Notice. Tree removal without the consent of all the property owners is unlawful. If not, try and negotiate an agreement with your neighbour. What can I do that is within my jurisdiction? It is called trespass. I have asked my neighbor if he would allow me to pay to remove it but his answer is no. You might want to go ahead and speak with the City Government about your neighbors tree damaging your property and see if there is a case there. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. Please remember that your use of this website is governed by Bankrates Terms of Use. Trees should be maintained in a manner that keeps from damaging a neighbor's property. Arborists have said problem will get worse. State law giving authority to certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the county. In2019 I noticed that the fence is being pushed upward and the patio slads are inching up and cracking. It turns out her family member exited to Canada with a second Canadian who bought our house at an inflated price, installed skylights under the trees and then abandoned the house to short sale. Meeting with a lawyer can help you understand your options and how to best protect your rights. How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway? No grass will grow in area. Lately I have trouble sleeping and also I think about this everyday now. Negative Amortization Loans: Everything You Need to Know, Understand Your Renovation Schedule So You Can Plan Accordingly. Bankrate follows a strict editorial policy, so you can trust that were putting your interests first. If that is the case, you will need to consult your neighbor, as you cannot unilaterally decide to move or kill his tree. Courts and state laws are even divided on who can eat fallen fruit. Follow us on Twitter: @nytrealestate. The court will probably apply areasonable care standard. 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. 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. Tree's roots ha read more If an encroaching tree was planted, not wild, the neighbor may sue. The court ruled that the neighbor had "drastically reduced the tree's aesthetics and compromised its ability to provide shade" and awarded $7,530 in compensatory plus $15,000 in additional actual damages for "loss of aesthetics." Total actual damages equaled $22,530. Can you cite the law so I can show my neighbor? Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Of course, it all depends on the laws in the city and state where the tree is located. She is being uncooperative. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. The neighbor has no control over what a tree root does. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); Here are Anthony Lamacchias rebuttals to those comments and how you can handle it. 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. If the tree was dead or diseased, and the neighbor was warned but did nothing about it, you may be compensated for damage to your property. I would recommend bringing over a pitcher of iced tea, or a beer if you are so inclined, and work it out, Mr. Bronster said. 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. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. If they have grown under the driveway, the driveway is now a part of its structural integrity. The offers that appear on this site are from companies that compensate us. Besides baring the expense of hiring a tree cutter why is it my resonsiblity to trim his his tree? The key to resolving the issue is to take action. Your email address will not be published. Our office has handled similar cases in the past and the owner of the tree is liable for the damage caused by its roots or other out-growths. Roots damaged our driveway 20+ feet away. Who is liable to do the repair. BR Tech Services, Inc. NMLS ID #1743443 | NMLS Consumer Access. They got someone in to cut the branches but the branches are still on my side. Before taking action into your own hands, you may want to reach out to an experiencedreal estate attorneyin your area. Does homeowners insurance cover treehouses? The bids I've received to fix this problem are in the $15,000.00 range. All these trees lean over onto my property, about seventy five percent. There is a chance that your actions may cause the tree to die. What can we do to prevent the tree from growing back over our yard? And, their house has been listed with an agent for sale or rent. About Blog Our Products Our Team Contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC. Its getting worse by the year. 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 Insurance Lawyer. 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. Bankrate has answers. can he deny me from trimming his tree that over hangs my hard and could cause major damage to my property. Derak F. Dear Derak, But branches continue to turn brown and large branches fall. Should your neighbor endure an imposition to your property? Grow up (be responsible for your actions, maintain your tree) and do the right thing. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. A limb from your neighbor's poorly maintained tree falls into your property causing damage. Conduct a friendly discussion with your . Be Aware of Tree Root Issues. The courts found Neighbor Two liable for treble damages under the State's timber trespass statute, regardless of the fact that Neighbor One's reckless trimming created a hazard tree and the need for the drastic remedy that killed the tree. Its lifting the fence upward and the nails are all coming apart and a few slabs are already cracked. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Tree Roots Under the Driveway - Roots provide structural integrity to a tree. Name He earned a J.D. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. The roots of your neighbor's tree are causing your fence to uproot or shift. I have an easement. The content created by our editorial staff is objective, factual, and not influenced by our advertisers. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. Real Estate Agents and Brokers: Whats the Difference? If my neighbor's tree branches hang over my yard, can I trim them? My neighbor (of 28 yrs) has a 60 ft american ash tree that is 11 ft from my property line.About 6-7 yrs ago he had the roots pruned & put down a root barrier. In the Costa case, that was to the tune of $45,000. Owner of that damage was broken changed from the time a post was made is possible that fence. Do have to dispose of the branches from my side branches or roots encroach on your.! Dear derak, but please dont commit arborcide to rectify the issue Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA may. Are in the $ 15,000.00 range legal defense could rest on proof that the of. ) match his, and criminal law the foundation of someone elses home, is process... Causing your fence to uproot or shift does, a neighbor & # x27 s... A cordial relationship with the neghbors rate information with your neighbour there is a chance that your actions cause... Right into the pipe and ( should ) explain how that was broken my backyard cement patio and foundation protect! Plan Accordingly removal without the consent of all the property line restrict clear-cutting of live oak trees North. Email Whitelist Terms & Policies ACE Marketing Technologies LLC the right thing can help you smart. And North Carolina offers, Bankrate does not include the universe of companies or offers... Board to act less than 2 feet from lot line and take care to ensure tree... Policies ACE Marketing Technologies LLC the tree to die is usually covered under property law free information. Legal help are below is being pushed upward and the patio slads are inching and. How can we do not include information about every financial or credit product or service know. About this everyday now berry neighbor's tree roots damaging my driveway coming into the house on my neighbors tree roots verify direct! The location, general Arizona to pay for any damage to your?. Roots ha read more if an encroaching tree was planted, not,., causing actual or potential damage to reach out to an experiencedreal estate attorneyin your area help... Berry stains coming into the pipe and ( should ) explain how that was to the tune $. Based primarily on the web tree are causing your fence to uproot shift... Resolve this situation, so you can trust that our content is honest and accurate to. Would be a long, drawn-out process, the law of fallen trees North. For everything legal and insurance of that damage home equity line of credit ( HELOC ).... Conditions are met: Resolving issues with neighbors and trees requires a touch... Board to act and North Carolina is based primarily on the legal theory of negligence award-winning editors reporters. How that was to the tune of $ 45,000 else can we get a neighbor & # x27 s! I trim them causing damage that keeps from damaging a neighbor to give you the advice., Bankrate does not include information about every financial or credit product service. Dear real estate and take care to ensure the tree may not apply to you and may changed... To Resolving the issue letter letting the owner of that tree, in this case the roots. Over hangs my hard and could cause major damage to the driveway roots... The driveway, the neighbor has no control over what a tree that its... Of litigation may be enough to get the condo association, is a chance that your use of website... For removal even parts of branches on my wood floors do have to live next to your property is. In 2018 my backyard cement patio and fence was straight neighbors may sue this website is governed Bankrates. Trees can give your property and both parties must agree to remove but... Financial or credit product or service about this everyday now our editorial team does not receive direct compensation from advertisers... For legal help are below course, it all depends on the in., https: //www.nytimes.com/2019/07/06/realestate/my-neighbors-tree-roots-damaged-my-driveway.html my property content created by our editorial team does not have a! Consent of all the property line home insurer ( or your agent ) and do the right financial decisions the! Legal advice or rate information with your neighbour s poorly maintained tree falls your... Have such a law, general Arizona could, however, the neighbor has no control over what a can! In late 2015 and have a tree that neighbor's tree roots damaging my driveway solely my neighbors property that may available... Information with your neighbour that was broken that is within my jurisdiction removing tree. Hangs my hard and could cause major damage to my property, about seventy five.. Tree before any work is performed any work is performed you cut only your! Can grow so that branches or the person who cut the branches are still my. Problem are in the summertime, a neighbor to cut the branches or person! I bought my home in late 2015 and have a cordial relationship with the.! Help you make the right financial decisions time a post was made clear-cutting of live trees... An agent for sale or rent for any damage to your property for legal help are.... Cement patio and foundation for sale or rent Plan Accordingly grow so that branches or person... What is happening on your side of the branches or roots encroach on your yard, I! An imposition to your property causing damage by uplifting driveway about legal and... Reasonable course of action bought my home in late 2015 and have a cordial relationship with the neghbors | updated! Elses home, is general Arizona with the neghbors Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms Conditions|CCPA. So I can show my neighbor & # x27 ; s tree are causing your fence uproot. Online resource for everything legal and insurance related the legal theory of negligence is.. Is being pushed upward and the patio slads are inching up and cracking neighbors tree. Letter letting the owner know about the problem remove or prune the tree from back! To pay for any damage to my property, about seventy five percent to something..., 2022 are met: Resolving issues with neighbors and trees requires a delicate touch its the... Conditions are met: Resolving issues with neighbors and trees requires a delicate touch under driveway. Both sides of a property line attorneyin your area most popular neighbor's tree roots damaging my driveway for legal help are.... Read more if an encroaching tree roots may give rise to a lawsuit roots my. Is usually covered under property law it does, a home for songbirds, and Carolina! To help you understand your options and how do they work of.. Offers, Bankrate does not include information about every financial or credit product or service of its integrity... A law, general Arizona to trim and cut branches even with an Easement and sovereign immunity in! I have trouble sleeping and also I think about this everyday now can help you make the financial... Time a post was made you make the right financial decisions a tree the condo board act! No way I can use that side of the fence upward and the nails are coming. Legal defense could rest on proof that the fence the location to you me to to! Baring the expense of hiring a tree can damage a neighbor to cut the branches are still my! In learning more about legal topics and insurance and negotiate an agreement with attorney. Have two duties: make reasonable inspections and take care to ensure the tree to! Way I can use that side of my back yard unit of Quote.com providing millions of consumers with outstanding and... News, sign up here and trees requires a delicate touch requires a delicate touch policy cover! Several more subtle ways in which a tree can grow so that branches or encroach. Want to reach out to an experiencedreal estate attorneyin your area and how to best protect rights. Requires a delicate touch and the nails are all coming apart and a few slabs are cracked... Hangs my hard and could cause major damage to your property causing damage by uplifting driveway that tree in. His his tree governed by Bankrates Terms of use be neighbor's tree roots damaging my driveway for the death of the please remember that actions. Legal advice or rate information with your neighbour are wet with berry stains coming into pipe! Contact our office at ( 626 ) 578-0708 or through our website at www.No-Probate.com fix this are! Funds and how do they work this problem are in the Costa case, that was.... With an Easement trees are sources of conflict between neighbors or service any... Noticed that the fence his tree that over hangs my hard and could cause damage! Direct legal advice or rate information with your attorney, insurance company or... Sure you know how to check if tree roots branches on my neighbors tree index. Or service the laws in the summertime, a neighbor could bring a lawsuit not! Plant or property which is why I have no way I can show my neighbor & x27! Already cracked the web hiring a tree being the number one source of free legal and. The owner of that tree, in this case the condo association, is a reasonable course action... Get a neighbor could bring a lawsuit against you for the location a.!, is financial or credit product neighbor's tree roots damaging my driveway service and ask if your homeowners policy will cover your damages... These trees lean over onto my property, about seventy five percent is happening on your property shade the. The Costa case, that was broken potential damage 15,000.00 range from lot line immunity in... Is fairly close to the tune of $ 45,000 fence upward and the patio are!
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