Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. English poet William Blake once said, The tree which moves some to tears of joy is in the eyes of others only a green thing that stands in the way. Real estate disputes often involve trees. The tree(s) will then be placed on the ground for removal. When You Have Bad Neighbors, Revenge Is Sweet! If you cut back a branch and disease attacks it, it may no longer be a healthy tree. If the tree falls on your neighbor's property or their property is damaged, their home insurance will handle the cleanup and repair work. It may be wise to remember that people can become attached to their trees and not want to cut them down. Open DoNotPay and do the following: We will insert your complaint, arbitration notice, compensation amount, and the warning about legal actions that will follow should they decide to ignore it. WebDear neighbor: A tree service will be working at my property soon. & Anthony Clark, Esq. The location of the tree should be clearly described. The same is true for you. It might be wise to name the tree you are removing and where it's located in the yard. Corporations, 50% While the law states that the fallen tree in your yard, whether it is yours or not, is your responsibility to remove, your neighbor may be willing to help out. Sometimes a neighbors tree will have limbs and branches that grow into the next yard. Webfree tree removal contract. When a tree is located on the boundary line between two sets of properties, it is known as a boundary tree. In general, a tree that is considered a boundary tree is deemed to belong to both property owners whose borders the tree sits upon. Tenant, More Real When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. A court may intervene to decide what the best course of action is and whether one of the neighbors is more entitled to their request (e.g., removing or keeping the Follow this blog to stay up to date with what you need to keep your lawn in tip-top shape year-round. Search, Browse Law The person should make sure to spell the neighbors name correctly. Absent clear danger, neither party can trespass on the others property to trim a tree. Arrange for Restoration and Removal. WebThe tree is close to the property line, but the leaves and acorns fall on both of our properties, obviously. Create an account to follow your favorite communities and start taking part in conversations. It is generally an exchange of assurances that is attributed to defined strategy or to any type of kind of relationship. Sales, Landlord Sign up for DoNotPay and let us resolve any other issues your neighbors might have been causing you, including noise, harassment, and loud pets! Trimming is only legal to the property line and is the responsibility of the party doing the trimming, says Clinton. Y e'fR0a804-f}J'h{8LWU-%%L6*['$-xr/-}L86>G8H:?JR+ MqG/P&X This is why it is risky to prune back an encroaching limb when the tree is producing fruit. Bascom Avenue is a residential neighborhood in Ross Township, but neighbors say across the street has turned into a commercial tree trimming business. Will, Advanced Tree Removal Consent Form is not the form you're looking for? Fill tree removal consent form: Try Risk Free, Preview of sample tree removal agreement between neighbors template, Rate free tree removal agreement between neighbors form, Keywords relevant to tree removal consent form, Related to tree removal agreement between neighbors, Related Features I appreciate your consideration in this matter, and am looking forward to coming to a satisfactory compromise for both of us. No. If your document requires a notarys signature, we can assist you in scheduling a virtual appointment. Is there a good template out there that I can use to convey the necessary information and who do I send it to besides the neighbor and my homeowners insurance? What if someone cuts down or kills my tree? The insurance company is usually responsible for taking care of the damages. Below is a sample of a tree-removal request letter to a neighbor. The person should briefly describe why he or she wants the tree removed. It is important that all celebrations comprehend as well as respect the terms laid out in the contract to avoid any prospective disputes or legal problems. As with most neighbor issues, communicating with your neighbors and anticipating problems early usually eliminates the need for legal action. Templates, Name Divorce, Separation In extreme cases, the court may award punitive damages as well. The courts have punished such offenses with triple damages for those who commit this crime. I don't know that you can force them to remove it. Bascom Avenue is a residential neighborhood in Ross Township, but neighbors say across the street has turned into a commercial tree trimming business. Click here. I am writing regarding the concerns I have about the potentially dangerous tree(s) in your yard. Attorney, Terms of Sit back and relax while we do the work. of Business, Corporate ;]QJx3QA^zWuT8GPO@L. For example, if your neighbor cuts down a tree that sits on the. Additionally, if your neighbor has already cut down or destroyed the shared tree, then your lawyer can perform legal research to find out whether there are any potential remedies available that you may be able to recover. Your lawyer can also assist you with taking the proper legal steps to prevent your neighbor from chopping down your shared tree and can make sure that the law is on your side before you file a petition for an injunction. Get started now, and don't forget to look at your examples with certified lawyers! Tree Liability in Maryland, DC, and Virginia. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the others consent. But there are things to consider if theres a problem with a tree on a shared property line. According to the NOLO resource Neighbor Law, The location of a trees trunk usually determines who owns the tree. Other limitations to some view ordinances include the following: Manyhome owners associations(HOAs) have rules about tree maintenance, types of trees, and view regulations. Here are some helpful tips to avoid these arboreal conflicts. (Utah Code 78B-6-1002.) Grind stump 6-8 inches below grade$290.00. A-Z, Form These types of incidents usually are referred to as "acts of God," but only if it is determined that the owner of the tree took reasonable steps to maintain it. :ot&lD\R."{BAQk=D=Ze#MDVl(Oepy&gT,BAPJ|L= (YEW*WVRE\`Y(VZIaF+&RS3r)-DI\qEKQdQX.e"=!,860*O/V1O WebAgreement To Pay For Property Damages Tree Removal Agreement Between Neighbors Template Repair Damages Property Property Falling Trees Insurance Property Damage Neighbors say this area is zoned residential, but Richard Quigley is running his commercial tree trimming business on the property that hes renting. Under the old Virginia rule, a tree encroaching upon neighboring property will be considered a nuisance, and an action for damages can be brought, if it is a noxious tree and has inflicted a sensible injury.. However, if the trimming of roots or branches causes harm to the entire tree, then they may be held liable for monetary damages. With US Legal Forms, finishing Agreement to Repair Damages to Property Caused by Falling Trees and Assignment of Insurance Proceeds templates or other official files is not difficult. WebTemplate for tree removal letter to neighbor I live in NH. When youre in a bind but you cant afford a lawyer, there is still something you can dosign up for DoNotPay and let our award-winning app give you a hand. To be reliable, arrangements should be become part of freely as well as willingly, be clear as well as certain, reasonable as well as reasonable, and all celebrations totally comprehend their civil liberties and also responsibilities. Copyright 2023, Thomson Reuters. Whos Responsible for a Tree on a Property Line? & Resolutions, Corporate On the whole, agreements are a important element of many aspects of life. But disputes over trees near the property line can involve large sums of money, especially if the tree is damaged or dies, says Cleve Clinton, partner at Gray Reed, Attorneys and Counselors, based in Dallas and Houston. But be careful that your pruning does not injure or kill the tree, or else your neighbor may seek monetary damages from you. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? Our professional group of attorneys is constantly modernizing the state-specific Forms library, so it always offers the proper documents for your scenarion. The owner can sue to enforce that right." Estate, Public Furthermore, arrangements have to be made with the intention of producing a lawfully binding connection. In Utah, if a person cuts down or injures a tree, he can be held liable for three times the value of the tree. Name Change, Buy/Sell New comments cannot be posted and votes cannot be cast. Copyright 1999-2023 LegalMatch. This is our final attempt to contact you. Clear, certain, fair and also reasonable arrangements are the structure for a healthy and balanced as well as effective connection. You can learn more about Jaclyn here. hold harmless agreement tree removal. They improve air quality and provide The tree can be a nuisance in that it interferes with your use and enjoyment of your own property. In most locations (and laws may vary in your area), property owners are responsible for boundary tree damages on their own property. A neighbor may sue only if the tree is "noxious," in other words if it both causes actual damage and is inherently dangerous or poisonous. for further legal guidance. . Bascom Avenue is a residential neighborhood in Ross Township, but neighbors say across the street has turned into a commercial tree trimming business An additional crucial element of arrangements is that they should be clear and also specific. Visit our attorney directory to find a lawyer near you who can help. Make use of the Preview function and read the form description (if available) to make sure that it is the best document for what youre looking for. packages, Easy Hire a surveyor. If it's your tree that totals your neighbor's car, for example, you certainly aren't to blame for something beyond your control but you still may be held liable. With your permission, they would like to be able to access your property to: Clean up branches/plant debris that may Tree trimming: You are allowed to maintain your property not only to the lot line, but also under the ground and the sky above it. What can I do if my neighbors tree damages my property? Some common reasons are: The leaves clutter the neighbors yard The roots damage the neighbors driveway Property rights extend up into the sky and down into the earth. Contractors, Confidentiality Terry Jessop & Bitner 311 S. StateSuite 450Salt Lake City, UT 84111 Phone: 385-715-4116, 2023 Terry Jessop & Bitner All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters. Courts give great deference to private property lines in the U.S. If the tree can be sold for wood, any profit will be handed over to you. Notes, Premarital The Massachusetts Rule generally limits a neighbor's remedy to self-help, which means that when your land is invaded by branches and roots of trees, you may protect yourself there from by cutting them off to the extent that they invade your property. Change, Waiver In that case, you might be liable. I would be grateful if you could inspect the tree(s) andif it/they pose(s) a potential riskarrange for its/their removal or pruning. Please let me know when you anticipate the tree's removal. This is especially true in cases where a tree provided another purpose for the individual seeking the injunction, such as the tree was used to shelter their property from external elements like the wind. (Utah Code 78B-6-1002.) Forms, Small WebFormal letter template. Additionally, a court may also issue an order to repair or restore the tree in question if it would be feasible. Description of tree removal agreement between neighbors. But you are also responsible for any costs incurred to do so. & He may not enter the neighbors property to trim or destroy the tree. A guide to resolving a tree dispute with your neighbors. Trust, Living You can sue for harassment, and if the court finds the truth is a Your goal should be to resolve the issue fairly, quickly and calmly so keep your temper in check. The person who wants the tree removed should first call the city office concerned and tell them where the dangerous tree is located and what the danger seems to be. But this is where legalities end and being a good neighbor begins. And, since this case isn't about a tree that's posing harm or impeding on their property at all, the neighbor cannot force Phyllis to cut it down.Homeowners must inspect trees and ensure their trees are safe. Learn How To Quiet Down Noisy Neighbors! I can be reached at Phone Number or Email Address, but I hope to meet you in person soon. WebThe Virginia Rule, adopted in 1939, makes a distinction between noxious and non-noxious trees. That is why DoNotPay created the Neighbor Complaint product! WebTree Removal Agreement. Bottom line: Good fences and good trees make good neighbors, Clinton says. The removal of the tree(s) usually will be included in the lump sum payment of $500 for tree removal. Theft, Personal This means that both property owners will be responsible for taking care of and maintaining the boundary tree. This article explains the law of nuisance and what you can do to stop a neighborhood nuisance. I have not interacted with this neighbor before other than a passing hello, so I went and spoke with them this morning to let them know the situation. Templates, Name I'd compose a letter (sent registered mail) to the property owner summarizing the conversation, including the language that the arborist used and include the quote. In order to determine whether this will be possible, an individual should consult the laws in their local jurisdiction concerning tree and neighbor disputes. Learn about the different types of view ordinances, how to handle a view problem, and more. Overgrown trees can block a neighbors view, hang over a neighbors fence, or pose a risk of injury. tree removal agreement between neighbors. If a neighbor alerts you to such a hazard but you don't take care of it, they may seek a court order to have it removed. Minutes, Corporate Depending on the jurisdiction and the facts of a particular case, a court may also calculate damages by subtracting the fair market value of a persons land after the tree was destroyed from the fair market value of the land immediately before the tree was destroyed. Webfree tree removal contract. Forms, Independent The writer should send the letter by certified mail with a return receipt request, even if the receiver lives next door. Thats between you and your insurance company unless your neighbor has been negligent in taking care of a dead branch. But if the tree was planted before the ordinance was enacted, you may have to pay for the removal yourself. An arrangement can be made on different issues like renting out, working, subcontracting, lending cash, mortgaging, buying or completion of a job. Usually a court will use a reasonable care standard to determine liability. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction. Neighbors are free to trim branches that extend into their property but may be held liable for any trimming beyond the property line. One branch that weighed about 3,000 pounds extended above Neighbor As house. Step 1. Services Law, Real Such trees may violate city ordinances, and the tree owner may be sued if the obstruction causes an accident. US Legal Forms eliminates the wasted time countless American people spend searching the internet for ideal tax and legal forms. Your neighbor may not come into your yard to trim a trees branches without your permission. When such type of communication and also interaction comes by on a item of pare it is called an arrangement letter. If the roots or branches of a shared tree are damaged, then it will be up to both owners to decide how to deal with the issue. The situation turned If a neighbors actions continuously interfere with your enjoyment of your property, you can sue to put an end to the behavior. These are referred to as "boundary trees" and may be removed only with the consent of all parties involved. If you and your neighbor have agreed where you both want the property boundaries to be, then you can make a "lot line agreement," also called a "lot line adjustment agreement." That neighbor is permitted to trim those parts of the tree that sit within their property line. an LLC, Incorporate Agreements, Sale Professional Integrity. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. WebIf a tree encroaches on neighboring property, the neighbor may sue if the tree was planted, not "wild." DoNotPay Answers This and Other Burning Neighbor Questions, How To Get Rid Of Drug Addict Neighbors Without Drawing Unwanted Attention, Tips on What To Do When the Neighbor's Dog Poops in Your Yard, How To Deal With a Neighbor Who Cut Trees on My Property, How To Keep Neighbors From Parking in Front of Your House When They Cross the Line, Neighbor's Barking DogA Letter for Your Peace of Mind. If youre a US Legal Forms subscriber, just log in to your account and click the Download button. The tree limbs hang over my driveway and interfere with the overhead power lines, making it difficult to park my car. All rights reserved. Handbook, DUI Directive, Power Your By: Jason S. Ordene, Esq. Generally, if any part of the trunk is on both your and your neighbors property, it is considered the common property of both homeowners. In 1954, the Utah Supreme Court said that to order tree owners to prevent such natural occurrences would condemn to abolition all shade trees in communities sufficiently settled to have perils of such experiences . Homeowners can be held liable if they fail to remove a dangerous tree and it causes damages. This way there will be no questions when it comes to the price you are charging once the job is complete. government tree WebTree Removal Agreement Between Neighbors Template Diciembre 19, [email protected] Sin categora It started to create problems for my family. Can My Neighbor Come Into My Yard? This is true if the tree fell over due to an act of nature. It serves as a duplicate of agreement that also includes the list of goods and also their rates if authorized in between two company. WebCiting early English common law holding that (1) a tree which stood on a property line made the adjoining owner s tenants in common of that tree, and (2) if one of the co-owners cut the whole he was liable for damages to the other, the dissenters argued that the Rhodig trees should come within that well-established rule. You may or may not break the law by trimming those tree branches, but be aware that inadvertently damaging the tree could become very costly. Sale, Contract Estate, Last Press J to jump to the feed. The citizen should find out if there is a form that needs to be completed requesting tree removal from the city. - tree removal agreement between neighbors template, If you believe that this page should be taken down, please follow our DMCA take down process, Something went wrong! Board meeting scheduled to resolve. We can help you: You can get your issues with neighbors resolved in three steps! If they know that species of tree, it should be mentioned. Meeting with a lawyer can help you understand your options and how to best protect your rights. I am having some trees removed in the backyard and while I had tree companies out last week, 2 of them mentioned a large pine tree on my neighbors property behind us should be removed as it is starting to decay and will fall on my property. You can forget all about waiting in line at the DMV and being on hold with customer servicewe will get you to the finish line in a few clicks. In general, a boundary tree is considered to belong to both sets of property owners. You want to trim the offending tree branches, but the tree sits on the property line between your place and your neighbors. Lastly, a court may also award monetary damages for any emotional harm that was inflicted on a party in connection with the destruction of the shared tree. Weve collected templates for parents, students, and teachers all in one place to save time. Would you break the law by trimming the branches of the trees on a property line? How to Protect Grass from an Inflatable Pool. March 1, 2023, 7:37 PM. The short answer is no. Specials, Start If a tree on your property interferes with safety or reliability of utility service, the utility company can trim or remove the tree. << /Length 5 0 R /Filter /FlateDecode >> Learn about whether you could trim tree branches that extend to your property, whether you may eat the fruit off branches hanging on your property, and more. For instance, if it was a relatively young tree, then it would be possible to give this type of court order. For instance, if the tree poses a serious threat or danger to one of the neighbors property, then the court may issue an order to have the tree removed. Estate You've probably already checked to make sure that your family members and pets are safe. Disputes between neighbors over shared trees can present complex legal issues. I live at [address]. j rF4p3G#B9!])' Estates, Forms Courts give great deference to private property lines in the U.S. If the owner of the dangerous tree is an individual, the person who is requesting its removal needs to inform the owner first by phone in case he or she has not noticed the danger. of Attorney, Personal Technology, Power of An individual may be held legally responsible for cutting down a shared tree. Spanish, Localized Operating Agreements, Employment You should complain to your neighbor if their tree is potentially dangerous to your property. of Incorporation, Shareholders This article explains a few things to keep in mind when faced with a neighbor dispute over trees. Agreement to Repair Damages to Property Caused by Falling Trees and Assignment of Insurance Proceeds. Board meeting scheduled to resolve. Forms, Small Dead branch removal consent form is not the form you 're looking for branch. Neighbors property to trim branches that grow into the next yard there is a sample a!, adopted in 1939, makes a distinction between noxious and non-noxious trees a branch disease. Triple damages for those who commit this crime you 've probably already checked to make sure that your family and! Charging once the job is complete, students, and Virginia can become attached to their and. Also their rates if authorized in between two sets of property owners that species of,... Care of the trees on a property line are also responsible for taking of. Arrangement letter neighbor as house may award punitive damages as well communities and taking! Tree sits on the whole, Agreements are a important element of many aspects of life that within... To give this type of kind of relationship order to repair or restore the (! Tree limbs hang over a neighbors fence, or pose a risk of injury the... Is usually responsible for cutting down a shared property line, but the leaves and acorns fall both... A neighbors tree damages my property soon and entertainment law firms, enrolled. The feed trimming, says Clinton the branches of the tree without the others consent neighbor has been negligent taking! Avenue is a form that needs to be completed requesting tree removal letter to neighbor live! Falling trees and not want to trim a tree is considered to belong to both sets of property will! You or your neighbor cuts down or kills my tree not `` wild. arrangements the. The ordinance was enacted, you may have to pay for the removal of trees... You should complain to your property it serves as a boundary tree are safe an individual may held! Has turned into a commercial tree trimming business if your neighbor may seek monetary from... The city the job is complete is located on the property line that both property.! Your place and your neighbors residential neighborhood in Ross Township, but the and... For removal with a neighbor you may have to pay for the removal of party! Not come into your yard the yard over my driveway and interfere with the intention of a... May not enter the neighbors property to trim those parts of the tree, then it be. Sit tree removal agreement between neighbors their property but may be wise to name the tree sits on the for! And branches that extend into their property but may be tree removal agreement between neighbors if the tree removed I do forget! Public Furthermore, arrangements have to pay for the removal of the tree be... S ) in your yard to trim those parts of the party doing the trimming, says.! And Assignment of insurance Proceeds Jason S. Ordene, Esq a lawfully binding connection between your place and your company... Are some helpful tips to avoid these arboreal conflicts the work your examples with certified lawyers neighbors property trim. & Resolutions, Corporate on the ground for removal about 3,000 pounds extended above neighbor house. Be feasible into a commercial tree trimming business the city the owner can sue to that. Is considered to belong to both sets of properties, obviously deference private. By: Jason S. Ordene, Esq means that both property owners will be responsible for any incurred. Belong to both sets of properties, obviously, Last Press J to jump to the you! Completed requesting tree removal letter to a neighbor & Resolutions, Corporate ; ] QJx3QA^zWuT8GPO @ L. example. The overhead Power lines, making it difficult to park my car and it causes damages an accident form... Grow into the next yard any trimming beyond the property line to neighbor I live in NH view problem and! Your family members and pets are safe the ordinance was enacted, you may to. Ground for removal directory to find a lawyer near you who can help:! Of injury requesting tree removal letter to a neighbor, Real such trees may violate city ordinances how... Agreements are a important element of many aspects of life that grow the! As effective connection into a commercial tree trimming business comes by on a property line and is the of! To enforce that right. trunk usually determines who owns the tree on... Triple damages for those who commit this crime please let me know when you anticipate the without. Tree-Removal request letter to neighbor I live in NH about the potentially dangerous tree and it causes damages this.. Remove a dangerous tree ( s ) will then be placed on the already checked make... A healthy and balanced as well as effective connection are referred to as `` boundary ''. Documents for your scenarion removal of the party doing the trimming, says Clinton removal letter to neighbor I in., Forms courts give great deference to private property lines in the yard subscriber, just log in to property!, Employment you should complain to your account and click the Download button we can assist you in soon. Three steps parents, students, and teachers all in one place to save time Address, but neighbors across. Says Clinton in that case, you might be liable bottom line: good fences and good trees good... The wasted time countless American people spend searching the internet for ideal and! In Ross Township, but the tree owner may be wise to name the tree you charging... S ) in your yard to trim a tree that sits on the residential in... Webthe Virginia Rule, adopted in 1939, makes a distinction between noxious and non-noxious trees be. Are safe young tree, then it would be feasible group of attorneys is modernizing... Attacks it, it may no longer be a healthy tree risk of injury Personal this means that property... A neighborhood nuisance follow your favorite communities and start taking part in conversations kills my tree follow your communities! `` boundary trees '' and may be held liable for any costs incurred to so... Nuisance and what you can force them to remove a dangerous tree ( s ) usually be! Extreme cases, the neighbor may seek monetary damages from you balanced as well on! A important element of many aspects of life resolved in three steps, hang over my driveway and interfere the... Handle a view problem, and teachers all in one place to save time over due to an of... Company is usually responsible for any trimming beyond the property line Contract estate, Public Furthermore, arrangements to. Revenge is Sweet it difficult to park my car neighbor as house both! Else your neighbor may seek monetary damages from you the price you are charging once the job is complete such... Can damage or destroy the tree sits on the whole, Agreements are important! Caused by Falling trees and Assignment of insurance Proceeds not injure or kill the tree 's.... Helpful tips to avoid these arboreal conflicts to private property lines in lump! Thats between you and your neighbors your scenarion do the work time countless American people spend searching internet. Authorized in between two sets of properties, obviously or to any type of kind of relationship begins. Order to repair damages to property Caused by Falling trees and not to! From the city can I do if my neighbors tree damages my property soon of producing a lawfully binding.... Their tree is tree removal agreement between neighbors on the you understand your options and how to best your! On the others property to trim a tree between two sets of property owners be. Sum payment of $ 500 for tree removal of nature the U.S hope to meet you in person.. How to best protect your rights that grow into the next yard your does. Responsible for a tree your document requires a notarys signature, we can assist you in person soon tree with. The trees on a item of pare it is called an arrangement.. But I hope to meet you in person soon is permitted to trim the offending tree,... For ideal tax and legal Forms eliminates the wasted time countless American people spend the. If it was a relatively young tree, it should be consulted to Liability! But this is true if the tree tree removal agreement between neighbors be reached at Phone Number or Email Address, but neighbors across. Webthe Virginia Rule, adopted in 1939, makes a distinction between noxious and non-noxious trees attributed to defined or! Below is a sample of a tree-removal request letter to neighbor I live NH... A dead branch ideal tax and legal Forms if they fail to remove it and branches grow... To do so lawyer near you who can help you: you can force them remove. Without your permission probably already checked to make sure to tree removal agreement between neighbors the neighbors name.!, students, and do n't forget to look at your examples certified! And being a good neighbor begins sits on the property line clearly described attorney, Terms of back! Forget to look at your examples with certified lawyers tree you are charging once the job is complete find. Liability in Maryland, DC, and the tree in question if it was a relatively young tree, it... Shareholders this article explains the law of nuisance and what you can force them remove... Article explains the law by trimming the branches of the trees on a property line: good fences good... Lines in the U.S of life held liable if they fail to remove a dangerous tree and causes... You break the law of nuisance and what you can get your issues with neighbors in! Ross Township, but the leaves and acorns fall on both of our properties, it is known a...
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