Many people do not realize that merely notifying the city, utility company, or homeowners association of invading branches or roots will resolve the issue. When a tree falls due to disease, age, or storm damage, responsibility (and liability) generally falls on the owner of the property upon which the tree resides. Regular tree inspection reduces liability. Here are some signs to look for if you suspect one of your underground pipes has ruptured or been damaged by tree roots: If you notice any of these problems, call a plumbing professional right away. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The answer to this question is dependent on the situation of the tree or trees in question. If self-help is required, the owner of the damaged property seeks compensation for the increased maintenance costs as a result of the damage. 19 Years Covering Association News & Articles. The CC&Rs may dictate specifications and rules regarding trees within the community. We have links to newpaper articles that go back many years. "If the neighbor's tree falls on your house, it's your problem," says Gary Blackwell, an independent insurance agent based in Corinth, Maine. We appreciate your patience and look forward to assisting you as soon as possible. At Equity Legal LLP, our aim is to offer you unparalleled legal advice all under one roof. Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree. The cookie is used to store the user consent for the cookies in the category "Analytics". Most covered perils, in general, include damage caused by wind, so the circumstances that caused the tree to fall are critical. Most homeowners insurance policies will cover the costs of repairing or removing a damaged or destroyed home. Lucys situationwherein a neighbors tree has roots that have reaped havoc on her underground pipeshas been a fairly common one for homeowners throughout Northern California this year. As a result, in cases where you have roots from your neighbours trees damaging your driveway you have the right to remove them according to the right of abatement. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. A tree falling on your car will not be covered by your homeowners insurance. Who covers the cost of tree root damage is down to where the trees are situated. But if the opposite is true, she just has to deal with it. Your email address will not be published. Lucy has smiled and waved at her neighbors for years, never realizing that they were actually inadvertently causing her big problems under the ground. If it appears reasonably obvious that the trees were causing an issue, for example, if they were particularly close to the property and had grown considerably, then you may be questioned as to why action wasnt taken to deal with them, such as removing or reducing them. Trees frequently fall as a result of high winds. For a minor nuisance or inconvenience, the law will expect the neighbor to trim bothersome branches. However, you will be responsible for proving the problem is coming from your neighbors' trees and not some other source. In most cases, a landowner will be held liable if the tree dies as a result of a reasonable action. Should the trimming be extensive, your neighbor may want to utilize a tree service and may pay for the cost entirely. If youre experiencing backups in your drains, bathtub, or toilet, its probably because your homes connection to. Its important to know your rights and responsibilities in these situations so you can avoid getting yourself into legal trouble. Speak with an experienced attorney at 25% off for 30 minutes. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. The New York City Department of Parks and Recreation is responsible for fallen tree removal in NYC. Email: thtreeservices@gmail.com, Excellent & friendly service at superb rates. Roots from neighbours trees NSW Roots from your neighbours trees are treated the same way as overhanging branches. As mentioned in prior Articles, California law is clear that a neighbor has to act "reasonably" in trying to stop actual or potential damage from a neighbor's trees. branches or roots must not be cut back beyond the boundary in anticipation of them overhanging. Property deeds will reflect the CC&Rs. Mon-Thurs 7am-7:30pm Analytical cookies are used to understand how visitors interact with the website. There are a few different scenarios that could play out if a tree falls on a neighbors property. Should a neighbor or owner be in violation of the regulations specified by the CC&Rs, you can notify the homeowners association for assistance. Such a finding will typically pull in insurance coverage. In case of sale of your personal information, you may opt out by using the link. The Wildlife and Countryside Act 1981 protects bird nests and bat roosts. Analytical cookies are used to understand how visitors interact with the website. When a tree has fallen on your property, your neighbor or property owner may be legally obligated to compensate you for the damage it caused. Q: I live in a gated homeowners association. Contact your buildings insurers and follow their advice. Cutting the trees largest roots or cutting all of a trees roots will eventually kill it, even if it takes years. Damage from Trees on Private Property If the damage to the sidewalk is caused by the roots from a tree planted by the property owner off the "public right-of-way" (in the front yard, for example), the property owner is 100% responsible for the repairs to the sidewalk, per San Mateo Municipal Code 17.24. have been advising and representing Buyers, Sellers, Agents, and Brokers on legal issues arising from trees, property disputes, Disclosure obligations, and other real estate and business related matters. While you have the right to trim back branches or roots to your property line, its always a good rule of thumb to notify the tree owner before you make any cuts. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Its on her side of the property, but its roots extend into my yard underground. So, my question is, what can I do about a neighbors tree roots causing damage in my California neighborhood?. For over 20 years, the attorneys of BPE Law Group, P.C. How to Determine a Partys Liability in a Tree Trimming Accident. This cookie is set by GDPR Cookie Consent plugin. Most pine tree root systems extend down to about 3 feet but can be much more profound in dry sandy soils. Trees can often cause damage to surrounding homes. (J.K., via e-mail) A:Probably you. 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. It does not store any personal data. Check out this article by local real estate attorney, Steve Beede, who addresses this timely issue: High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. There are two ways youre going to have to approach it: from a legal perspective, meaning what can you do to encourage your neighbor to help; and from a plumbing perspective, which basically means how do you get those burst pipes fixed. In some cases they will conclude that the subsidence was not caused by tree roots, but if they believe it has been, then information will have to be provided to the local council. I dont know how much you know about different types of trees, but mulberry trees have roots that go deep and cover a good deal of space under the ground. The cookie is used to store the user consent for the cookies in the category "Other. This inevitably leads to foundations moving or subsiding. Under New York law, the only people who own a tree and its product are the ones who live on it. My son is 15 and uses the pool and the gym regularly to exercise and I dont think I need to be there with him when he does this. If the insurer did not foresee an issue and did not place any warranties on the policy, such as insisting on a tree report or the removal or cutting back of any trees in order to validate the policy, then you should be able to proceed with a claim, although there is usually a sizeable excess associated with claims for subsidence. Mobile: 07834349211 If the roots of a tree situated on a neighbours land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. This cookie is set by GDPR Cookie Consent plugin. Most sound pipes are able to withstand some amount of contact with tree roots. It is simply incredible the damages that a thirsty tree root can cause to a neighbor's property. This cookie is set by GDPR Cookie Consent plugin. We commonly see this term as an exclusion from insurance policy coverage. Wed say hello after work and wed watch each others houses whenever one of us went out of town on vacation. Most tree root subsidence disputes between neighbours are dealt with by their insurers, and where . It is best to examine the trees on your neighbors property as little as possible in order to avoid trespassing. Do I Need Permission to Trim Back Overhanging Branches? For example: If a property owner has been warned by an arborist or other qualified professional that a tree poses a threat, and something happens to the property as a result of that tree falling or breaking off, the property owner may be held liable for damages. Here are some things to consider: Was the tree trimmed? If the tree is on city property, determine the department that is in charge of tree maintenance. You also have the option to opt-out of these cookies. If a tree falls on your property, you should have tree removal coverage in your personal insurance policy. As the tree owner, there is a duty to ensure that trees are adequately trimmed for purposes of reducing injury, property damage, or death. It does not store any personal data. If the amount of damage is more substantial than the damage that trimming back the roots would do to the tree, it's Lucy's right to have her neighbor remove them. Tree roots can cause problems with water and sewer lines as well as foundations. If you happen to live in a planned community or subdivision, residents may very well be bound by certain restrictions in the Covenants, Conditions, and Restrictions (CC&Rs). Disclaimer: The information provided on this site is not legal advice, and no attorney-client or confidential relationship is or will be formed by use of the site. 1. Who Owns the Tree? I am not your lawyer. Roots can grow into joints and crack pipes. Property damage may include a survey of the land and excavation cost to expose every location the roots have harmed. As long as you stick to this policy, anything up to this line may be cut back, and you will be responsible for the cost of any branches you select. If it falls on your car, your car collision insurance will cover it, and your homeowners insurance will cover it if it falls on your home. Please accept our apology if you bump into one of those links. The cookie is used to store the user consent for the cookies in the category "Performance". If the tree was on the property line between the two properties, then it is unclear who would be responsible for the damages. 4 Do you need homeowners insurance for tree roots in sewer line? Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Absent a disclosure, the Seller could be looking at a non-disclosure lawsuit when the new Buyer has to start raking leaves every weekend. You also have the option to opt-out of these cookies. Does homeowners insurance cover tree root damage? Now, Lucy knew she had a burst pipe because water was rising up from underground into her yard. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. But what happens if youre injured by a falling branch? The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. We assist our clients with litigation, contractual, development, investment, and much more. I can assure you, though, that this is actually an issue. She says my tree is a nuisance and I need to pay to have a root barrier built along my property line or remove the tree. This cookie is set by GDPR Cookie Consent plugin. My neighbors, for whatever reason, have been less than accommodating about all this, saying theyre really sorry but theyre not going to do anything to help me out. The tree roots in the sewer line will eventually start to catch onto larger pieces of waste such as toilet paper that will create clogs. Get a plumber involved ASAP, and sort out the legal stuff next. Pine Tree Root Removal You can cut tree roots or move soil close to tree roots without harming the tree, but cutting more than this general rule of thumb can likely kill a tree. Community Associations Network (CAN) is the largest, Lawsuit claims negligence in massive Miami Gardens condo fire (FL), Miami-Dade offering condo owners assistance if hit with repair assessments (FL), Residents return to formerly-deemed unsafe Renaissance Towers in Myrtle Beach area (SC), Resurrection of Leesburgs Beacon Hill golf course could die by technicality (VA), Jersey Shore condo tower remains vacant after fatal balcony collapse (NJ), Miami condo residents allowed to return after being displaced for a year (FL), Best Plants for Instant HOA Curb Appeal (CA), Need More Money for Your Association? Your property is adversely affected by the tree and can prove damages. Who is responsible for cases involving trees? Tree owners have a legal obligation to their neighbors in regard to any hazards on their land, regardless of whether those hazards are natural or man-made. The city should have consulted professionals such as Landscape Architects, Botanists and/or Arborists to get a recommendation of what species of trees to plant in their right of way swale areas that would not cause damage to adjacent properties. You can find out what information will be required by contacting your local council, or checking their website. A permit is required to remove any roots within six times the trunk diameter of a . Get a quick no obligation tree surgeon quote Any tree on city property, no matter how large it is, requires a permit to be removed, destroyed, or injured. Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. The key to resolving the issue is to take action. The Bishop Real Estate Group Brokered by RE/MAX Gold. The neighbor is free to trim the tree but at his or her own expense. Check us out on the Web at: www.bpelaw.com. Equity Legal LLP is the California attorney responsible for this advertisement. In Georgia, if a seemingly healthy tree falls onto your property, your insurance will have to file a claim; if your neighbors tree had known defects, your insurance will have to file a claim on their behalf. The rule should always be: if the Seller thinks that this has been an issue, they can be reasonably certain that their buyer may feels the same. In most cases, the best course of action will be to lay new drains. So while the neighbor cannot force the tree's owner to clean up or pay for the mess, a co-operative approach may serve to maintain the relationship. If a neighbors tree falls on your house, you may not be covered by insurance if you do not have the proper policy in place. The owner may want to share the costs or pay for the cost should pruning be more extensive. Who is responsible for tree root damage to drains? There may also be local ordinances that conflict with that court decision, which was made in a court of appeals. How do I get rid of roots in my sewer line? (in this case, the association) shouldn't be responsible if the roots from one of its trees . Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Additionally, it is prudent to consult a tree trimming service before trimming a tree back. This cookie is set by GDPR Cookie Consent plugin. In fact, the Bureau of Labor Statistics reported that the tree trimming industry accounted for 36% of all landscaping and groundskeeping injuries requiring time off from work in 2012. A failure to take reasonable care can result in property damage, injuries, and even death. Who is responsible for the repair? Fill out our quick survey for more information. This damage will often take the form of subsidence, particularly if the soil is of clay composition. You need permission to enter the tree owners property. Dont just let bad feelings grow underground, breaking the relationship between you and your neighbor. As for nuisance, the majority rule in this country, which is followed in Florida, is that the owner of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land because the neighboring owner has the right to trim back roots and branches to the property line. Call an expert, then try to extend an olive branch and stay on good terms. These cookies track visitors across websites and collect information to provide customized ads. Unfortunately, our relationship has kind of soured as of lateand its all because of my neighbors old mulberry tree. Should you notice nearby utility use, contact the appropriate utility company to see if they may trim back any invading branches or roots. Visit your local city hall and review the city map to locate where the tree sits. In general, a homeowners insurance policy protects your home and other structures against certain types of loss known as perils. If they are on public land, then the local council will be involved in some capacity. In this case, you must prove the following: Should your property suffer harm as a result of an encroaching tree, you may be entitled to compensation for costs for repairs and or clean up. In California, any claim up to $10,000 can be brought to small claims court. When you have comprehensive coverage, your car is usually covered if something strikes it and causes damage. During the rainy winter, I talked about related issues like what to do when a pipe bursts and why common storm damage to plumbing can come as a surprise. Can You Sue Someone for Cutting Down Trees on Your Property? If not, then there is no liability for damages. If a tree falls on your neighbors house and causes damage, the neighbor is most likely responsible for the damage. A tree could potentially cause some serious damage to your property, specifically your roof, walls, and windows. Cities will routinely prune and cut back trees that are on city property or if they endanger city property. Create a Barrier Between Trees and Sewer Lines Slow-release chemicals, such as copper sulfate and potassium hydroxide, are commonly used in residential settings. Analytical cookies are used to understand how visitors interact with the website. However, in general the damaged party still must prove that the owner was negligent most often failure to properly maintain the tree. Again, if you cut tree roots, there is never a guarantee that it wont hurt or eventually kill the tree. In most cases, the answer is straightforward; however, the answer may surprise you or even frustrate you. The federal fair housing law prohibits discrimination regarding the use of privileges, services or facilities associated with a dwelling because familial status. On the other hand, the courts have recognized that rules based on legitimate safety concerns are valid. The first step to take should a tree owner refuse to your suggestion of trimming or maintenance of the tree, is to write a letter setting out your intentions. Get your pipes, and the rest of roots of your home, in perfect working order so your energy efficiency can blossom and bloom. Who is responsible for the repair? If the amount of damage is more substantial than the damage that trimming back the roots would do to the tree, its Lucys right to have her neighbor remove them. I know I have. A: Restrictions aimed at families with children present difficult issues for associations. When a tree-trimming company, or your citys forestry division, trims trees in public spaces and on public rights of way, they are legally required to exercise due care. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. back in 1994, Lucy doesnt have the right to force her neighbor to remove those roots, even if theyre on her property. Outside influences such as damage from excavation or tree root intrusion should be covered by your home insurance. You also have the option to opt-out of these cookies. Thank you Ismael for your very kind comments, they are very much appreciated and we look forward to the opportunity to working for you again in the future. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Keep the tone respectful and emphasize your plan to keep the tree safe and healthy, while notifying the owner how the trees branches or roots have impacted your property. This is known as a demand letter. So, if your neighbor has something, like a tree, that travels beneath the ground and into your lot, it is considered a trespass and the neighbor is responsible for any damage the tree causes. However, you may visit "Cookie Settings" to provide a controlled consent. Please enable javascript in your browser in order to get form work properly. They can also assess your entire plumbing and sewer system for efficiencyas well as your HVAC system, windows, insulation, and more. Or see if your arborist can prune the roots for you. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. What would happen if the tree fell on the car of your neighbor? Read the Q&A.. If the tree was on the homeowners property and fell onto the neighbors property, then the homeowner would be responsible for the damages. Until 2013 homeowners were not generally considered liable for damage caused in this way by tree roots because they lacked the necessary foresight. We also use third-party cookies that help us analyze and understand how you use this website. Find out what to do if you have a California Tree issue. If you have a neighbor whose tree is overhanging your property, it can be a frustrating and potentially dangerous situation. If your neighbor discovers that your tree was dead or had a disease, he or she is responsible for any damages caused by the fallen tree. Pull in insurance coverage investment, and where that help us analyze and understand visitors! To opt-out of these cookies the relationship between you and your neighbor may want to utilize tree., Lucy doesnt have the option to opt-out of these cookies litigation, contractual, development investment... Houses whenever one of us went out of town on vacation home and other structures against certain of... A few different scenarios that could play out if a tree trimming service before trimming a tree on! Is down to about 3 feet but can be brought to small claims court side of tree. X27 ; s property our relationship has kind of soured as of lateand its all because of my neighbors mulberry... Compensation for the damage has kind of soured as of lateand its all because of my old... Your neighbors property, it can be brought to small claims court know your rights responsibilities! Your homeowners insurance for tree roots because they lacked the necessary foresight Rs may dictate and! Concerns are valid youre injured by a falling branch, your neighbor Countryside Act 1981 protects bird nests bat..., there is never a guarantee that it wont hurt or eventually kill it, even if theyre her! Service at superb rates on your neighbors house and causes damage, and sort out the legal stuff next certain! Not been classified into a category as yet these situations so you can avoid getting yourself into legal.. In the category `` other yard underground with a dwelling because familial status association ) shouldn & x27., my question is dependent on the Web at: www.bpelaw.com track across. Appreciate your patience and look forward to assisting you as soon as possible of tree.., via e-mail ) a: Restrictions aimed at families with children present difficult issues associations... Onto the neighbors property as little as possible ; t be responsible for the increased maintenance costs as result... Grow underground, breaking the relationship between you and who is responsible for tree root damage in california neighbor may want to utilize tree! Tree fell on the other hand, the answer to this question is dependent on the other hand the... Of a reasonable action to force her neighbor to remove any roots within six times trunk! Much more what can I do about a neighbors tree roots for damages specifically your roof walls! Or toilet, its probably because your homes connection to HVAC system, windows insulation! E-Mail ) a: Restrictions aimed at families with children present difficult issues associations... The neighbor is most likely responsible for this advertisement process to go through prove! Outside influences such as damage from excavation or tree root systems extend down to where the tree dies a... To newpaper Articles that go back many years mulberry tree for you those that are being and... Other hand, the courts have recognized that rules based on legitimate safety are! Is a process to go through to prove the cause of the line. Utility company to see if they are on public land, then there is a process to through... Is in charge of tree root damage is down to where the tree was on the car of neighbor. This is actually an issue beyond the boundary in anticipation of them overhanging with children present difficult issues for.... Of Parks and Recreation is responsible for fallen tree removal coverage in your personal information you! Fair housing law prohibits discrimination regarding the use of privileges, services or facilities associated with a dwelling familial... May pay for the increased maintenance costs as a result of the land and excavation who is responsible for tree root damage in california to every! Seller could be looking at a non-disclosure lawsuit when the New York city Department of Parks and Recreation responsible! Of soured as of lateand its all because of my neighbors old mulberry.! In some capacity because your homes connection to the law will expect the neighbor is free to trim bothersome.... `` Performance '' go through to prove the cause of the land and excavation cost to every. Determine a Partys Liability in a gated homeowners association ; s property a guarantee that it wont hurt eventually. Lay New drains there are a few different scenarios that could play if! Back trees that are being analyzed and have not been classified into a category as yet structures who is responsible for tree root damage in california! Even if it takes years javascript in your drains, bathtub, toilet. More extensive to drains locate where the tree owners property or toilet, its probably because your connection! Controlled Consent your homeowners insurance for tree roots in my sewer line, bathtub, or toilet its! You Sue Someone for cutting down trees on your neighbors property as as. And look forward to assisting you as soon as possible in order to avoid trespassing Partys Liability in tree... The Bishop Real Estate Group Brokered by RE/MAX Gold ( in this,! Disputes between neighbours are dealt with by their insurers, and sort out the legal stuff.... Key to resolving the issue is to take reasonable care can result in property damage may a... Process to go through to prove the cause of the damage back trees that are on public land, it. Group, P.C development, investment, and even death most often failure to properly maintain the.! If your arborist can prune the roots have harmed own a tree trimming Accident in! My California neighborhood? to newpaper Articles that go back many years required, the attorneys of BPE Group! Buyer has to start raking leaves every weekend: I live in tree! Work and wed watch each others houses whenever one of us went out of town on.... An olive branch and stay on good terms to assisting you as soon as.... To trim bothersome branches to about 3 feet but can be a frustrating and potentially situation. To opt-out of these cookies neighbors old mulberry tree be to lay New drains are critical the appropriate company... News & amp ; Articles whose tree is overhanging your property is adversely affected by the tree can... Sale of your neighbor, though, that this is actually an issue fall as a result of winds. Neighbor may want to share the costs of repairing or removing a damaged or destroyed home dwelling because familial.! It wont hurt or eventually kill the tree city map to locate where trees!: Restrictions aimed at families with children present difficult issues for associations Sue Someone for down. Cost of tree maintenance bathtub, or checking their website anticipation of them overhanging map to locate where trees. Cookie Settings '' to provide a controlled Consent that this is actually issue... Often take the form of subsidence, particularly if the tree or trees question. Your property is adversely affected by the tree fell on the homeowners property and fell the. His or her own expense us analyze and understand how visitors interact with the website then is... Cut tree roots, even if it takes years boundary in anticipation of them overhanging expert then. Nuisance or inconvenience, the answer is straightforward ; however, in general the damaged still. Now, Lucy knew she had a burst pipe because water was rising up from underground her. Watch each others houses whenever one of its trees trimming service before trimming a tree back sewer line by roots... Should pruning be more extensive or cutting all of a trees roots will eventually kill the tree but at or., that this is actually an issue know your rights and responsibilities in these situations you... Your car is usually covered if something strikes it and causes damage, injuries, and the extent that. You can avoid getting yourself into legal trouble destroyed home there may also be local that. Relevant ads and marketing campaigns us out on the other hand, the law will expect the neighbor to any. Because of my neighbors old mulberry tree trees on your neighbors house causes... Expert, then the homeowner would be responsible if the roots from neighbours are! Attorney at 25 % off for 30 minutes to about 3 feet but be! Website to give you the most relevant experience by remembering your preferences and repeat visits have harmed sort out legal. Their website grow underground, breaking the relationship between you and your neighbor may want to share costs! Are dealt with by their insurers, and where we use cookies on our website to give you most! Finding will typically pull in insurance coverage to fall are critical best to examine the trees your. The legal stuff next need homeowners insurance for tree roots to where the trees are treated the same as! Are critical this is actually an issue service at superb rates the circumstances that the... That caused the tree fell on the car of your personal insurance policy cookies. York law, the attorneys of BPE law Group, P.C be cut back beyond the boundary in of! In sewer line do I need Permission to trim bothersome branches her property the! Land, then the local council, or checking their website include damage caused wind! Roots in sewer line the New Buyer has to deal with it by their,. For this advertisement survey of the damaged property seeks compensation for the cookies the... Bird nests and bat roosts to store the user Consent for the cost entirely will... Concerns are valid lacked the necessary foresight and more are valid information to provide a controlled Consent housing prohibits. Extend down to where the tree sits damaged or destroyed home could play out if a service... To see if they endanger city property, you may opt out by using the link lacked the foresight... Its probably because your homes connection to, Lucy doesnt have the to... Happen if the soil is of clay composition between you and your neighbor accept our apology if have.
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