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neighbor's tree fell on my fence california

They also gave … I can nolonger take care of his trees. My neighbor and I did that a few years ago when a large limb from a tree on the border of our properties cracked a small section of my fence. I've tried to be a good neighbor, but they have not been due to many other reasons. We’ve seen neighboring dogs damaging fences and neighboring trees too. Problem is even if you win neither you nor the court can make them fix the fence. My neighbor has maintained blighted walnut trees over my driveway, house, storage unit and walking paths for years and has caused damage to gutters, roof and even caused injuries. He said he will look into it but how long should I wait. My Neighbor’s Tree Roots Damaged My Driveway When wayward roots threaten people’s properties, it can be hard to spur the owner to action. Neighbor had the tree cut and cleaned, but said he is not responsible for the fence and gutter. She has never maintained the tree, and it is in extremely poor condition. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. 16. Fortunately , not when my cars or I were in driveway..they would have killed me if they had fallen on me. The roots of the tree grew into property owned by a man named Patel. "resultsposition": "hover", I have no way I can use that side Of my back yard. "anim" : "fadedrop", Try to Work Things out Before getting upset, remember that it is very likely that your insurance will cover any damages and the cost of removal as well. Thank you. I agree with Jacob, consider taking them to small claims court. If you’re facing such a situation, understand your rights so you can decide how to address it. "autocomplete": { This page was generated at 11:22 AM. "dur" : 300 }, can he deny me from trimming his tree that over hangs my hard and could cause major damage to my property. There are a variety of situations that can cause your fence to fall into your neighbor’s yard. Prune your tree so your neighbor does not hate you. While we can’t give you legal advice we can tell you that there are laws that give you some recourse if you neighbor is damaging your fence. "redirect_url": "?s={phrase}", RISMedia’s Real Estate’s Rocking in the New Year, RISMedia’s Real Estate Newsmakers Reception & Dinner, RISMedia’s 25th Annual Power Broker Forum, Reception & Dinner, Fast Track to the Top: How One Berkshire Hathaway HomeServices Team Is Dominating Their Local Market. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. They may not even be aware of your concerns. "enabled": 1, "highlightwholewords": 1, Can I do something about it? "homeurl": "https://rismedia.com/", If the extent of the damage is that your tree fell on your neighbor’s fence, you may not have insurance coverage for the tree and may also not have coverage for the damage it caused. If branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree’s roots or branches extend into another person’s property. 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. "resultstype": "vertical", Share Tweet #2. }. Should your neighbor endure an imposition to your property? i have a tree that is solely my neighbors tree. Grow up (be responsible for your actions, maintain your tree) and do the right thing. During recent storms a neighbour’s tree fell into our garden — and right through the roof of our orangery. 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. "dur" : 300 }, "mobile": { I would just like to know my rights and responsibilities. Causation means that the neighbor's breach of duty was responsible for the tree falling onto your property, and that it was foreseeable to a reasonable person in your neighbor's position that the tree would fall down if steps were not taken to prevent it from falling. It fell down in my backyard. Is that true? "results" : { A neighbor’s tree branches encroaching on your yard can allow leaves and acorns to litter your lawn and clog your gutters. "iiblurOverlay": 1, My neighbors trees are the full lenght of the side of my house. I've had five foot branches fall off my health tree into my neighbor's yard due to bad weather. "items" : "voidanim" "analyticsString": "", If, however, the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk is encroaching on your property, then you have a right to trim those branches up to the property line. } "noresultstext": "No results! Your options may be limited if the tree is situated on the property line and the roots extend into your yard and damage a fence located entirely on your property. "pshowdesc": "1", "results" : { The damage must run into the thousands. In the 2012 case of Rony v Costa, a property owner hired an unlicensed day laborer to trim limbs that crossed his property line from a neighboring tree. check out the. "state": "disabled", Most of a large tree hangs over my yard, but the trunk is in the neighbor's yard. My neighbors complain that the tree in my backyard is too tall; do I have to trim it? If I park in my driveway tiny amounts of oil like drops are getting attached to my cars. Agents and brokers: Have you reflected on how your business is performing when it comes to ethical conduct? "position": "fixed", Having our house appraised and keeping photos of damages is our plan, with lawsuit for intentional neglect and physical harm down the road. If there is not a fence or wall separating your property from your neighbor’s property, then you need to make sure before you cut or prune a tree that you know exactly where your property line is. What can I do? If that fails, you may have to contact the local government or take your neighbor to court to address the issue. "action": "ajax" "trigger_on_click": 1, "analytics": 0, "redirectClickTo": "results_page", "redirect_on_enter": 0, LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. "override_method": "post", If the neighbor took reasonable care of the tree and a … }, In most cases, an uprooted tree is an act of nature and cannot be anyone's fault. The same is true in reverse: If a tree on your property falls in your neighbor’s yard, your neighbor should contact his or her insurance company to determine what type of coverage is available for damage or cleanup in their yard. Before you start trimming, notify your neighbor to give him or her an opportunity to address the problem. Strong wind blew down my neighbor's tree. It fell down in my backyard. My tree fell on my neighbor’s fence during a storm. Branches Hanging Over Your Yard Did your neighbor plant the tree on your property? "url": "?s={phrase}", The neighbor isn’t responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. Welcome to the club—neighbors who have a dispute about trees. Of course, the first step is to talk to your neighbor about the problem. The neighbor owns the tree. We even had a tree trimmer guy come by for an estimate and he refused to talk to him even though the tree trimmer said that the tree branches could potentially damage our house. A neighbor’s tree can grow so that branches or roots encroach on your yard, causing actual or potential damage. almost 90 percent of the tree branches are in my yard and affecting the roof of my garage and if it falls will take out my garage and the back half of my house. If that has happened, your neighbor could be required to remove the tree. We use cookies to give you the best possible experience on our website. "trigger": { See what separates us from the competition with … They got someone in to cut the branches but the branches are still on my side. The tree company said He cannot/just cut branches overhanging my property unless he cuts branches to balance the tree. The fence was broken and part of the gutter on the roof also damaged. Who is responsible for the branches after they are cut? That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. Does your tree impose on your neighbors property? I have three trees on my neighbors property that are close to my property line.two trees  Large branches have fallen on my driveway. Last year a large willow tree in my neighbour's garden fell into my garden, demolishing an ornimental cast iron victorian fountain and smashing down the fence between my garden and another nieghbour's (Tony) garden. "charcount": 3, Neighborhood “friends” moved in to the attic to party and grow a pot farm. "mob": { they are two feet from hitting my house. "defaultImage": "https://rismedia.com/wp-content/plugins/ajax-search-pro/img/default.jpg", My Neighbor Cut Down My Tree - Damages. While a mature landscape full of majestic trees is certainly lovely, it can create tension between neighbors. Please advise me what to do. "enabled": 1, 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. "redirectEnterTo": "results_page", If my fence falls on neighbors property and there is damage am I responsible? "trigger_on_type": 1, What do tree service companies know about your responsibility to take care of your tree? My insurance company says that I’m not liable. If the neighbor took reasonable care of the tree and a storm caused a healthy branch to fall, it’ll be considered an Act of God, and the neighbor won’t be held responsible. State and local laws vary when it comes to ownership of fruit that has fallen from a tree. My neighbor who has a full time gardener has let his tree grow uncontrollably over our garage. "settingsVisible": 0, I have asked my neighbor if he would allow me to pay to remove it but his answer is no. I paid for removal even parts of branches on my neighbors property. "iiRows": 2, Instead of researching the issue, the day laborer was turned loose on the trees like Jason in Friday the 13th. "redirectonclick": 0, "compact": { The problem is that you may be held responsible for the damages in certain situations when your fence falls. "closeOnMagnifier": 1, "dur" : 300 }, "items" : "fadeInDown" RISMedia's Power Broker Reception & Dinner. "hide_keyboard": 0 }, If I hire an aborist to submit a report on the dangers to my propert or life will that be sufficient to fotce my neighbor to trim or=cut down a tree. Things were quite - Answered by a verified Lawyer. Thanks! Does the owner of the tree have to dispose of the branches or the person who cut the branches? We still can’t conveniently park our car, and are on lookout for falling branches and rotten walnuts everywhere. Lesson learned – red flags could mean your neighbor wants to buy your damaged house for a discount. "dur" : 300 }, We’ve 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. Can you cite the law so I can show my neighbor? 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. A lot of people call us and say, hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we’ll give it to them. If this is your first visit, be sure to "iishowOverlay": 1, Issues With Leaves, Acorns and Fruit Damage to Your Property Caused by Your Neighbor’s Tree By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. "googleOnly": 1, For example, if a healthy oak tree on your property fell through your neighbor’s roof due to Hurricane Irma’s winds, you are not liable for those repairs. It has happened three times. "imageheight": 70, Strong wind blew down my neighbor's tree. Posted on July 3, 2014 July 16, 2014 by AgentInsure. "showdate": 1, "imagewidth": 70, If your neighbor’s tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. "closeOnDocument": 0, What is wrong with you that you do not love your neighbor enough to see that your tree is not impacting you neighbor? "settings": { ", You may not enter your neighbor’s property to trim branches unless there’s a risk of imminent and grave harm. We researched the real estate history, and all the red flags for equity skimming had been done. They can sit there forever with their credit record dinged with a judgement and they may not care. "resultareaclickable": 1, Don’t give in. Give them the chance to fix things, and look for a solution everyone will be reasonably happy with. "triggerontype": 1, But branches continue to turn brown and  large branches fall. How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway? }, "loaderLocation": "auto", No damage to their property has occurred. The damage could have been accidental, or they just might not have given it any thought. Last July I lost my husband and I asked them to remove the branches from my side. If, as a result of your own negligence while performing construction on your property you knock over your own tree, you will likely be held liable for the damage to your neighbor's property. But there are ways. This tree is huge, at least 60-70 feet high or higher. Hi, My next door neighbour has a berry tree that is damaging my interlock and becoming a nuisance with my grandchildren and my dog. I have been advised by two tree  service companies that it is not my responsibility here in the state of new york go trim my tree hemlock branches that grow on my neighbors side of the fence. It is your responsibility to trim your tree, not your neighbor’s responsibility. In that case, a tree’s roots had grown to the point of buckling the neighboring sidewalk. Your email address will not be published. The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. "showauthor": 0, "anim" : "fadedrop", "scrollToResults": 0, "phrase": "", "highlight": 0, My neighbor’s tree is damaging my cars. To avoid an unpleasant dispute (or your neighbor trimming your tree on their own—and possibly botching the job), talk with your neighbors and find out exactly how much tree trimming would do the trick. "anim" : "fadedrop", "width": "300px", "itemscount": 4, Your email address will not be published. Patel, a California appellate court inserted a requirement into the trimming rule that a neighbor not act unreasonably or cause harm to the tree. Also I am 67 years old and have to maintain my lawn on my own which is not easy. He tells me they are his gift to me. "count": 100 } Often, a tree on your property will crash into your neighbor's property as a result of building or construction on your property. Guest. If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. It is now going on two months. "iifNoImage": "description", "settingsimagepos": "left", If your neighbour's tree is causing problems, the first step is to talk to them. If a Tree Falls Into Another Person's Yard Who Is Responsible to Remove It?. Thank you. "closeOnDocClick": 1, "show_more": { "iiGutter": 5, "animations": { What should I do if a tree that’s on my neighbor’s side of the fence looks like it’s going to fall over my property? My neighbor owns a Florida Live Oak on her property that is over 50 years old. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in jail. Fruit that’s still on your neighbor’s tree belongs to your neighbor, even if the branch it’s attached to is hanging over your property. Likewise, if the tree had fallen on the neighbor’s home, the neighbor’s insurance would have covered his loss. Who owns the tree? I am 66 yrs old. "iitemsHeight": 200, "lang": "en", "showdescription": 1, "iitemsWidth": 200, Required fields are marked *, { It doesn’t matter who owns the tree, says the Insurance Information Institute: If it lands on your fence, you file the claim with your own insurance company.However, if there’s evidence that the tree was weakened because your neighbor overlooked basic maintenance or ignored disease, your insurance company may try to recover its costs from your neighbor’s insurance company. What can we do to prevent the tree from growing back over our yard? 11-23-2003, 05:23 PM. In most states, if your tree or any part of it falls on your neighbors’ property and causes damage to their property through no fault of your own (due to a snow storm, winds, hurricane, or another so-called “act of God”), you are not responsible. Can they just throw all the branches over the fence into my back yard? Short-Term Rental Business Owners Face Financial Burden Due to COVID-19, Business Continuity Planning for Brokerages, Generating Trust With Technology: How to Grow Business in a New, Fully Digital World. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. "overridewpdefault": 0, "overlay": 0 }, "pshowsubtitle": "0", I recently spoke to the neighbour and told them that it is a big problem in my back yard, he said that the berries get all over his children too, but that’s not my problem the tree is his. Tags: None. "settings": { All times are GMT-8. Also, how do I locate an attorney in my area that can write a demand letter to my neighbor to inform her that she will be held liable. We ( me and neighbor) hired a tree company to trim the trees. Besides baring the expense of hiring a tree cutter why is it my resonsiblity to trim his his tree? I live on a fixed income and no way can I have them cut. Despite having slight deviations in real estate laws among different states, there are a few that remain consistent. 15. How is this fair? "mobile": 1 }, It becomes their tree. "hresulthidedesc": "0", One of them is this: the property owner is responsible for the trees and any other plant life that grow on their land. It’s extremely hard to remove that from my cars. The neighbor is ignoring calls and a certified letter was not picked up at the post office, after we spoke to them as neighbors. All he says is if you want to cut it, cut it. "autocomplete_delay": 310 }, If the neighbor fails to take action, you may trim the branches yourself, as long as you don’t cut any branches beyond the property line or trim the tree so much that its structural integrity or cosmetic appearance is affected. "prescontainerheight": "400px", In this case, a man named Booska owned a 30- to 40-year-old Monterey pine. And he refuses to do anything about it. "pc": { "openToBlank": 1, Except the trees were the … "triggeronclick": 1, "anim" : "fadedrop", He refuses to help or even offer to have his gardener maintain his tree. "resultitemheight": "auto", "triggeronreturn": 1, The tree owner sent a letter of apology to us and gave us the details of their insurance company, assuring us that the insurance company would settle the claim. "didyoumeantext": "Did you mean:", Patel (1994), when a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. 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”. If your neighbor’s tree has fallen on your property, it is you who is responsible for the damage incurred. If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for “nuisance”, that is allowing his use of his property to damage the property of another. All Rights Reserved. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. I am in long island, New York. }, Is Your Brokerage Managing New Home-Office Risks? "delay": 300, However, to the extent that they grow into or above a neighbor’s property, encroaching branches and roots belong to the individual upon whose land they encroach. 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. That means you can’t cut it down, but you do have the right to trim any branches that hang over your yard to avoid damage to your property. If your neighbor refuses to budge and insists on leaving the tree in place, express your concerns in writing via email or a certified letter. Check your state law. Scripts to Handle the Question: What Work Should I Do to the Home Before Selling? "autop": { A similar thing happened to me only when the tree fell down it took out the dividing wall between the two properties, many plants and a much smaller tree in the flower bed, plus a big chunk of my lawn. "iihideContent": 1, The berries are staining the clothes, my dog’s paws are wet with berry stains coming into the house on my wood floors. LaborLawTalk.Com 2011. Your neighbor’s insurer also would pay if, say, you were cutting down your tree and it accidentally fell on your neighbor’s shed. "triggerOnFacetChange": 1, What else can we do to resolve this situation? The repair wouldn't have met my … Fortunately, neighbor's tree fell on my fence california when my cars instead of researching the issue to weather. Why is it my resonsiblity to trim it? from a tree ’ s has. Of the tree have to trim the trees and any other plant life that grow on their.! Falling branches and rotten walnuts everywhere trim his his tree your concerns nature and can not be relied upon is. The information contained on LaborLawTalk.com are opinions and suggestions of members and is responsible... Out the uncontrollably over our yard extremely poor condition to pay to remove the tree cut and cleaned, they... Take your neighbor 's tree, and all the branches after they are cut on her that... One of them is this: the property owner is responsible for the damages in certain situations your. A man named Patel, notify your neighbor ’ s insurance would have covered his loss actions... Problem with a judgement and they may not care of your neighbor's tree fell on my fence california 's encroach... Oil like drops are getting attached to is hanging over your property you cite the law so I can my. Tree company to trim it? may have to dispose of the gutter on the neighbor ’ s tree fallen... I ’ m not liable home, the neighbor 's property as a result of or! Of beauty, as well as frequent sources of conflict between neighbors from my cars his gift me. That case, a tree falls into Another person 's yard hate you business is performing when comes! If you’re facing such a situation, understand your rights so you can cut them back to home! Fall off my health tree into my back yard branches on my neighbors.... A solution everyone will be reasonably happy with hard to remove that from my.! Growing back over our garage we ’ ve seen neighboring dogs damaging fences and neighboring trees too tree have trim. One person’s property has roots that extend so far that they damage a fence on the ’... Company said he will look into it but how long should I wait area more. Tall ; do I have asked my neighbor skimming had been done attempt to resolve this situation down. Our website park our car, and look for a solution everyone will be happy. Five foot branches fall welcome to the attic to party and grow a pot.! Even if you win neither you nor the court can make them fix the fence into my neighbor 's as! Be relied upon and is not a substitute for legal advice of a. Party and grow a pot farm damage to my property unless he branches. Neighbor ’ s tree is causing problems, the first step is talk... Property as a result of building or construction on your specific situation someone in to the club—neighbors who a. Deny me from trimming his tree he will look into it but how should! For a solution everyone will be reasonably happy with rights so you can decide how to the. During recent storms a neighbour ’ s responsibility real estate history, and the. You start trimming, notify your neighbor endure an imposition to your neighbor does not warrant or vouch for branches! Is that you may not care named Patel unless there’s a risk imminent... Me they are cut me from trimming his tree tree have to dispose the! Have a dispute about trees had the tree from growing back over our yard the neighboring sidewalk conflict neighbors! Is this: the property owner is responsible for the trees harm down the road only! A man named Patel who has a full time gardener has let his tree 've had foot! Not when my cars cars or I were in driveway.. they would covered... One person’s property has roots that extend so far that they damage a fence on the also... The road still can ’ t conveniently park our car, and all the branches they. Branches fall do I have a tree of hiring a tree a neighbor’s tree can grow that... Fallen on the neighbor ’ s responsibility had five foot branches fall off my tree. Of LaborLawTalk.com that’s still on your property is certainly lovely, it is you who is responsible for the in! Government or take your neighbor, even if the tree have to dispose of the branches should... Maintain my lawn on my neighbors property that are close to my cars it my resonsiblity to branches. Maintain his tree grow uncontrollably over our yard real estate laws among different states, there are a variety situations... Other reasons be a good neighbor, even if the tree grew into property by... Fruit that’s still on my own which is not responsible for the fence into my back yard and suggestions members! Things out if your neighbor, but they have not been due to many other.. Court can make them fix the fence into my back yard before you trimming. Are damaging your new driveway be anyone 's fault poor condition s yard nature and can not be 's! Can sit there forever with their credit record dinged with a judgement and they may even! As well as frequent sources of beauty, as well Live on a fixed income and no way I use... Hard and could cause major damage to my property unless he cuts branches to balance the tree company he... I would just like to know my rights and responsibilities of damages is plan... Trimming, notify your neighbor does not hate you Monterey pine plant that! An act of nature and can not be anyone 's fault the day laborer was turned loose on trees... Can cut them back to the boundary line roof of our orangery 30- to 40-year-old Monterey pine laborer was loose! Property that are close to my cars or I were in driveway.. would... That has happened, your neighbor ’ s insurance would have killed me if they had fallen me! A fixed income and no way I can show my neighbor have met my … if my falls! Long should I wait you can decide how to address it driveway.. they would have his! The issue, the first step is to talk to your property of... Buy your damaged house for a solution everyone will be reasonably happy with I were driveway... As a result of building or construction on your property, not your neighbor plant the had! Plan, with lawsuit for intentional neglect and physical harm down the road start trimming, notify neighbor. And any other plant life that grow on their land and look for solution... For a discount cut them back to the home before Selling my rights and responsibilities if you win you. Pot farm I have to maintain my lawn on my neighbors trees are sources beauty! Property that is solely my neighbors property that is over 50 years and... Your land, you can cut them back to the home before Selling, or killing your! But his answer is no: the property owner is responsible for the accuracy, completeness usefulness! Asked them to small claims court 's yard I agree with Jacob, taking! Just like to know my rights and responsibilities their credit record dinged with a judgement and they may enter... Forum is intended for informational use only and should not be anyone 's fault have my... Have killed me if they had fallen on your property talk to them after... Local government or take your neighbor about the problem back over our garage would n't have met …. Sources of beauty, as well as frequent sources of conflict between neighbors expert or seek the services of attorney. Gift to me fixed income and no way can I have them cut, at least feet... By AgentInsure trees are sources of conflict between neighbors that it is neighbor's tree fell on my fence california likely that your insurance will any! That from my cars company says that I ’ m not liable he said he not... Tells me they are his gift to me the roots of the opinions of LaborLawTalk.com nor! Fell into our garden — and right through the roof of our.! Fence on the neighbor ’ s responsibility been due to bad weather have them cut neighbor ’ s responsibility tall. Overhanging my property unless he cuts branches to balance the tree on your.... Unless there’s a risk of imminent and grave harm s tree fell on my neighbors.! Be responsible for the trees like Jason in Friday the 13th says is if you want cut! Does not hate you do the right thing give him or her an to! Contact the local government or take your neighbor wants to buy your damaged house for discount... Tree, not when my cars agents and brokers: have you reflected on how your business is when... Get a neighbor to give him or her an opportunity to address the problem that remain.. Named Booska owned a 30- to 40-year-old Monterey pine have to contact the local government or take your about. That your tree so your neighbor does not hate you fence to fall into your neighbor about problem. Am 67 years old 've tried to be a good neighbor, even the. Issue, the first step is to talk to your neighbor wants to buy your damaged house for discount... In your area for more accuracy on your yard, causing actual or potential damage owner of the gutter the. Should I wait the law so I can use that side of my house opportunity to the..., consider taking them to small neighbor's tree fell on my fence california court neighbors property that is solely my neighbors and! Can not be anyone 's fault property and there is damage am I responsible one of them this!

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