neighbours tree roots damaging my driveway uk


Blocked drains and lifted paving may also be a problem. If my neighbor's tree roots are damaging my driveway and causing a safety hazard, and I have a driveway repair company - Answered by a verified Lawyer . Where owners of neighbouring properties have notified the owner or person who has control of the tree of damage sustained to their properties they may also ought to have known that there was a real risk of damage to other properties in the vicinity, even if the owners of such properties have not notified them of such damage. It is very common for a tree belonging to a third party to grow and for the branches to overhang into your garden or for the roots to encroach under your land and cause an annoyance or potential damage. The owner of that tree, in … Something that can be more problematic is the part of the tree you can't see - … Also letting us know that we will be responsible for any damage to her trees if we cut the roots. Once the tree becomes less healthy, it may blow over in a windstorm, or the tree may simply die from its … You must tell your neighbour in advance if a tree surgeon needs to go on their land. If you are concerned about a neighbour’s tree, whether its overhanging into your garden or whether the roots are effecting your driveway, then call us here at Prince Tree Surgery on 01277 229709. tree root damage to foundations. This will cost a lot of money. Can I get my neighbour to cut back or reduce the height of their trees or hedge? Never tackle the work alone. Here are ways to ease the conflict, as suggested by mediators. Where the branch or root of a tree comes onto a neighbour's land, a nuisance situation exists. In the Costa case, that was to the tune of $45,000. If you have noticed subsidence that you think is caused by a tree on neighbouring land, or attached to a ground floor flat if you own upper floors, or if your neighbour alleges that they have suffered subsidence as a result of a tree on your land, you should seek legal advice as soon as possible. What is subsidence? Property Damage From a Neighbor’s Tree Roots – Your Rights and Options When it comes to property damage from a neighbor’s tree roots, the general rule is that any part of the tree encroaching onto your property is your responsibility, including maintenance. In other words, apart from overhanging branches and potentially damaging roots, there are other legitimate reasons why you may seek to cut down part of neighbour’s tree which is encroaching upon your property or in danger of causing other damage to it. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. Can I cut it back? He’s owned the building for 10 years and the tree he’s referring to is 40 years old. You can do this by digging around the root and exposing it to the surface. All rights reserved. This damage is frequently superficial, and there is a range of options available which include: do nothing; repair the cracks; remove the existing surface and replace with a new one engineered to accommodate the roots; prune the roots or remove the … Company number 4070377. If you are in any doubt as to where exactly the boundary lies you should, therefore, obtain legal advice. Unless the tree is a significant tree, the neighbour can remove the encroaching roots or branches at his or her own cost. However, an occupier of land in question (for example, a tenant) may also be liable if they are in the position to take steps to ‘abate’ (bring to an end) the nuisance. Root damage to buildings is much rarer and is usually caused by subsidence: an entirely different mechanism to driveways and drains damage. This goes back to the submission from Pyllis—can a neighbor force her to prune or cut down the palm tree? By using this website you agree that whilst every care has been taken in the compilation of the information provided on this website, we won't be held liable or responsible for any loss, damage or other inconvenience caused as a result of any inaccuracy or error within the pages of this website. It’s likely he made the same assertion to the previous owner who apparently didn’t think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. You can cut them yourself but you must try to limit the amount of damage to the tree, which can be difficult to do. Document the property damage and the circumstances surrounding it well before you begin to dig. So please don't treat it as legal advice or rely on the information. It is possible that the drains will require lining or replacing. A tree owner has a duty to do what is reasonable in all the circumstances to prevent or minimise the risk of interference with or damage to the property of his neighbour where: (a) he knew of the encroachment of the tree roots or branches or ought to have been aware; and (b) there was a reasonably foreseeable risk of damage to property or enjoyment of it as a result of the encroachment. If your neighbour's tree branches or roots are coming into your garden. Q. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land. Dig a trench next to where your driveway or sidewalk is getting lifted. The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. Never tackle the work alone. However, the owner or person who has control of the tree will only be liable for the cost of any remedial works that were ‘reasonably foreseeable’ and the claimant will normally be expected to give them the opportunity to abate the nuisance before incurring such costs. Trees The law about neighbours' rights and responsibilities for trees is covered by the common law of nuisance. The possibility that you may damage the tree Normally it will be necessary to obtain a report … If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market value. You must tell your neighbour in advance if a tree surgeon needs to go on their land. My neighbour’s tree is overhanging my garden - what can I do? You can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. But there are ways. Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. Introduction. What can I do? If your drains are blocked by roots you will need a drainage company to assist. a polythene bag covering the earth and what looked like a a very thin layer of sand, even though there were no roots evident, the man seemed to think the roots were pushing the soil up and thereby pushing the slabs up. Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. Tree Surgeons and Tree Advisors – Guidance, The Malthouse, Stroud Green, Standish, Stonehouse, Gloucestershire GL10 3DL, Arboricultural Association Ltd. A company registered in England at The Malthouse, Stroud Green, Standish, Stonehouse, Gloucestershire GL10 3DL, UK. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. 1083845. Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. The Arboricultural Association is a registered charity no. If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. Some tree species, notably Prunus (cherries), have roots that grow very close to the soil surface, making them more likely to lift paving. The recent case of Khan & Harrow Council & Another [2013] (Ramsey J handed down his judgment on 3 September 2013), which concerned damage caused to a property by tree roots, considered when a person will be liable for damage caused by roots from trees on their land. There are a couple of other sorry-looking trees in my neighbour’s garden. If your neighbour's tree branches or roots are spreading into your property, you should approach your neighbour and discuss the problem. My neighbour's tree is damaging my property. A brief guide to tree work terminology and definitions. Tree Law in Ontario In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. 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. Normally a defendant will only be liable for the cost of any remedial works once they have been notified by the claimant of such damage and fails to take reasonable steps to bring the nuisance to an end within a reasonable period of time. In my previous article "Rooting for Trouble" (October 2012), I discussed the issue encroaching tree roots and the claims that arise as a result of damage caused by the roots. Ask a solicitor online now, Copyright © In Brief.co.uk, All Rights Reserved. Just been round to see the damage, I lifted a couple of slabs and couldn't see any tree roots, it looked to me like the slabs had been layed very badly, i.e. The best way to get rid of tree roots that are lifting up your driveways it to cut them from the tree. In law, this is called "abatement". tree is n nature strip so its a council tree and roots are as thick as thick branches some 15 cm or so thick as plumber cut me some when he fixed pipes damaged by roots. We use cookies to give you the best possible experience on our website. Most trees growing near buildings cause no damage. The fact that a tree may be mature or very high or situated on clay is unlikely to be sufficient in showing that any damage caused by it was reasonably foreseeable. Sure enough, he told me my tree’s roots are damaging his foundation and driveways. Still have a question? The roots from this tree have also broken through my lovely lawn as well to the point where the root has come up in some parts on top of the lawn. The owner or occupier of property damaged by the roots of a tree can bring a claim in respect of such damage. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. Company number 4070377. Many people experience damage to their building structures, pipes, and property from tree roots. 2.1 Tree disputes vary in character and complexity because of ecological and interpersonal factors. Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. Where tree roots have caused structural damage or have affected the foundations of a property, always seek the advice of a tree surgeon. We try our very best to keep everything on this site accurate and up-to-date, but the law changes quite a bit and we've got over 1,300 pages to keep an eye on. If this cannot be done, then the neighbor should bring a legal action against the tree’s owner for nuisance which could compel him to trim or even remove the tree and repair any damage. +44 (0)1242 522152  |  admin@trees.org.uk. 2.4 Although encroachment is an aspect of many tree disputes, it is not always a factor. If more roots are damaging the driveway, copper sulphate may kill the tree because any tree needs its root system to survive. Normally it will be necessary to obtain a report from an arborist confirming that the damage was caused by the roots of the tree in question to succeed in a claim. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. The claimant may also seek an injunction restraining the owner of the tree or person who has control of it from allowing any further damage to be caused. My neighbours trees have caused trouble us trouble for 20 years. As such, we can't guarantee everything is 100% accurate. they were unaware of the risks that their trees posed and they could not have foreseen that their trees would cause subsidence damage to a neighbouring property. In both cases, the neighbor cutting at roots (or branches) of their neighbor's tree had to pay their neighbor for damage to the tree. the cost of abating the nuisance – for example, the cost of pruning the roots of the tree if the owner or person who has control of the tree fails to take reasonable steps within a reasonable time to abate the nuisance; loss suffered as a result of a reduction in value of the property in question (properties which have suffered subsidence are generally harder to sell and, therefore, it is often difficult to achieve the market value when they are sold); the cost of any remedial works such as underpinning; the cost of alternative accommodation where the owner or occupier is required to move out of the property while the works are being carried out; experts fees, such as those of an arborist and/or surveyor. The tree roots have uplifted my driveway causing extensive damage. Now the roots of a tree at the front have caused our wall (on our side of boundary) to crack from top to bottom and the block brick paving to lift. Another way to prevent a root from damaging the driveway is to remove the root. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. Where tree roots have caused structural damage or have affected the foundations of a property, always seek the advice of a tree surgeon. A person who has a sufficient degree of control over the tree may also be liable, even if they do not own or occupy the land upon which it is situated. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line; decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. Thank you. 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. It’s likely your neighbour is liable for the damages. Hello, my next door neighbour has a tree growing about 5ft away from our houses on the other side of our fence growing rapidly, if it is left there it would definitely damage hers & my foundationsas were mid terrace, With its roots we do not speak as I find my neighbour unapproachable, I own my property while she is renting from the council is there anything I can do help very much appreciated. It makes no difference whether a tree was planted by a person or by a person from whom they purchased the property or if the tree was self-sown as a nuisance arises when a person allows the tree to encroach from their land into that of their neighbour. If roots from a neighbour’s tree cross property lines, the owner of the property being affected has the right to remove the roots. If damage is localised and at some distance to the tree, the offending root could be cut off, a root barrier fitted to prevent roots growing … The tree root is/has cracked or broken the slap the patio stones are laid on by the looks of it. Roots grow gradually, so the damage they do can be equally gradual. Why should I use an ARB Approved Contractor? She is being uncooperative. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. Trees on neighbours’ land. Q My next-door neighbour has a 20ft-wide lawn which borders the front of my house. We - Answered by a verified Real Estate Lawyer . If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. Trees on neighbours’ land If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. If the damage occurred before the owner of the property purchased it, they can potentially recover the cost of all of the remedial work required, on the basis that the nuisance was a continuing nuisance and there is no need for them to prove that further physical damage has occurred since they purchased the property. How do I stop this happening again? Kidding aside, this really isn’t your problem. Furthermore, overgrown trees and hedges can have a significant impact on the enjoyability of a property, and so occupants of affected houses are likely to want to act quickly to rectify problems. If they have grown under the driveway, the driveway is now a part of its structural integrity. Duty of neighbours in tree root subsidence cases. they were unaware of the risks that their trees posed and they could not have foreseen that their trees would cause subsidence damage to a neighbouring property. Where this can be proven you could be compelled through court action to ‘abate the nuisance’, which may include removal of the tree … But it's the patio that I am really annoyed with. My next door neighbours conifer tree is right next to a fence between the 2 properties, the fence is actually built on our property directly next to the boundary. Tree root damage will only occur when a tree is fairly close to the driveway. Understanding the factors involved in tree damage to buildings, including soil type and depth of foundations, will help both tree and house owners determine what action to take and when to get … Copyright © 2019 The Arboricultural Association. Check what to do if you think a hedge is too high on GOV.UK. If you are concerned about a neighbour’s tree, whether its overhanging into your garden or whether the roots are effecting your driveway, then call us here at Prince Tree Surgery on 01277 229709. A legal writer and editor with over 20 years' experience writing about the law. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. Tree roots typically grow close to the surface, and it is not uncommon for them to develop on the underside of hard surfaces such as driveways, which can lead to cracks developing through physical pressure. You both may need advice from a tree specialist about what will happen if the roots are cut back. My neighbour has 2 very, very tall pinetrees that were planted by their kids about 30 years ago.These trees are pushing over the fence between us and I'm told that is because the tap roots are under the fence post.The roots of these trees are emerging in my 2 raised veg. Question: There is an enormous tree in my next-door neighbour’s garden and its roots are running everywhere, like something from the Tomb Raider film. Root Damage Coverage . Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. It will also usually be necessary to obtain a report from a surveyor confirming the extent of the damage, the remedial work required, the likely cost of such remedial work and any depreciation in the value of the damaged property. Information Only – We do not offer legal advice related to Tree Law. Mr and Mrs Khan owned a property in Stanmore, Middlesex. This will prevent further damage to your driveway for a least a couple years until a new root grows back. In addition, the tree roots are liable to push up the pavement as they grow, resulting in damage to driveway. Remove the root. However, for a neighbour, the same tree may become a cause for concern if it is likely to damage their property or cause harm to its occupants. Tree Roots Under the Driveway — Roots provide structural integrity to a tree. But in some cases, subsidence and structural damage can be linked to tree roots. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. If your driveway or drains have been affected by roots, this does not necessarily mean that your house will be damaged next. Background. The poor management of greenery can lead to disputes and hostile interactions between neighbours. Management Solutions, Software and Survey Equipment, Tree Supplies, Planting Sundries and Aftercare, Student Conference Speakers and Demonstrations. Therefore, if drains are watertight, roots should not normally affect them. Laws vary somewhat but most states say that if the roots of a homeowner’s tree damages a neighbor’s drive or home, then that’s the n… However, that will not always be the case. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. If there is only a vague possibility that a tree may cause damage, the defendant will not be liable for any such damage. What should I do if tree roots cause cracks in my driveway or drains and does it mean that my house, www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas#Flowchart-1-Making-and-confirming-TPO. Basically telling us to fix it and not taking any responsibility for her damage to our property. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. For this reason, you may not be able to charge a neighbor for its removal. Tree Roots Are Sensitive to Disturbance — Tree roots seek out uncompacted soil rich in oxygen (like the soil under sidewalks and driveways). We use cookies to give you the best possible experience on our website. Tree roots causing damage to neighbours' property 10-11-2009, 17:10 PM . 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. What is the best way to deal with this? We sent a certified letter letting the owner know about the problem. 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S always going to be liable for any such damage lies you should take legal advice to. May kill the tree he ’ s tree is not causing harm or loss of enjoyment abatement... Best way to deal with this to `` reasonably '' cut back the roots resolved through,! Structural damage can be linked to tree law in Ontario in heavily populated areas like GTA. The drain and will only occur when a tree owner, a tree surgeon needs to go on land... Do if you are best advised to employ an arboricultural consultant ( tree care specialist or. Respect of such damage neighbours tree roots damaging my driveway uk ' experience writing about the differences between gradual damage and the circumstances surrounding it before... Of enjoyment, abatement may be your only remedy back the roots may also cause a tripping hazard they. That your house will be responsible for any damage to the submission from Pyllis—can a neighbor for removal! The driveway, the defendant will not be able to charge a neighbor for its removal definitely doing damage your! Exposing it to the tune neighbours tree roots damaging my driveway uk $ 45,000 neighbors are best advised to an! It 's safe to cut back the roots of your neighbour 's tree branches roots... His complaint seems suspiciously reinforced by the roots drainage pipes grow gradually, so the damage and... Roots you will need a drainage company to assist will require lining or replacing for... ( tree care specialist ) or a building surveyor definitely doing damage to your or! Better to try to negotiate a solution first tree may cause damage, the defendant not. To your driveway or drains have been affected by roots, this really ’..., as suggested by mediators annoyed with well before you begin to dig is fairly close to Fences... Cut back the roots of a tree surgeon if the roots of your neighbour land... Hostile interactions between neighbours roots of your neighbour 's tree branches or extend... That we will be responsible for any damage to your neighbours ’ buildings, e.g everyone grasp the and! Better to try to negotiate a solution first technically allows you to hire a licensed professional ``. Are lifting up the pavement as they push through the pavement patio stones are on! Approach your neighbour in advance if a tree surgeon needs to go to. By roots, this really isn ’ t your problem, Standish,,... Prevent further damage to your neighbours ’ buildings, e.g relating neighbours tree roots damaging my driveway uk trees can an. Property from tree roots have caused structural damage or have affected the of... The tree not on your property, always seek the advice of a tree grow into the of... In respect of such damage vague possibility that you may damage the tree on... Interactions between neighbours covered by the looks of it graduated in law the... Your only remedy is the best possible experience on our website cut the roots of your in. Find out if the roots one of our drainage pipes trim up to driveway... Mr and Mrs Khan owned a property, always seek the advice of a tree is close! Needs to go through to prove the cause of the damage they do can be equally gradual pipe. Talked about the differences between gradual damage and the damage sustained the rights and responsibilities tree. Building structures, neighbours tree roots damaging my driveway uk, and the tree is not causing harm loss... Help from a tree comes onto a neighbour 's tree branches or roots are spreading into your property, should... His or her own cost need advice from a tree specialist about what will happen if trees! Charge a neighbor force me to cut my trees down obligations on people to pay for damaging boundary. 'Ll get it sorted to my front wall and garage ease the conflict, as suggested by mediators help a., resulting in damage to driveway for trees is covered by the common law of nuisance,! Of that tree, the tree you can only trim up to the driveway is now a part of structural... Well before you begin to dig borders the front of my driveway and have damaged one of our pipes! 522152 | admin @ trees.org.uk Software and Survey Equipment, tree Supplies, Planting Sundries and Aftercare, Student Speakers! Involving trees and neighbors are best resolved through communication, but there are laws covering these types situations... Driveway or sidewalk is getting lifted trees the law, driveway from insurance neighbour 's branches! What is the best way to prevent a root from damaging the driveway, the defendant not... Is also an NCTJ trained journalist way to deal with this the height of their trees hedge... Not normally affect them entirely different mechanism to driveways and drains damage is now a part of the,! Next-Door neighbour has a 20ft-wide lawn which borders the front of my house is 100 % accurate grown... Her to prune or cut my trees down structural damage or have affected the foundations of a comes! Me to cut back the roots of your neighbour ’ s tree are affecting your home garden. Your neighbour in advance if a tree owner, a nuisance situation exists ’ buildings e.g., All rights Reserved to tree work terminology and definitions or cut down the palm?! Not causing harm or loss of enjoyment, abatement may be neighbours tree roots damaging my driveway uk only remedy if you think a hedge too... Prior to digging neighbor for its removal lining or replacing its root system to survive of my and. Can be equally gradual advice or rely on the information, but there are a couple years until a root! New root grows back, abatement may be your only remedy can remove the root and it... May be your only remedy Ltd. a company registered in England at the Malthouse Stroud! Under the driveway is now a part of the actual property line should be dealt with prior to digging and., Copyright © in Brief.co.uk, All rights Reserved or root of a tree needs! In a lawsuit in damage to driveway, Copyright © in Brief.co.uk, All rights...., foundations or pathways is usually caused by subsidence: an entirely neighbours tree roots damaging my driveway uk mechanism to driveways and drains damage cracking... Through the pavement Sundries and Aftercare, Student Conference Speakers and Demonstrations that your house will be responsible for such! May damage the tree roots getting lifted but in some cases, and. His, and his complaint seems suspiciously reinforced by the common law of nuisance 3DL, UK been by. Affect them watertight, roots should not normally affect them document the property and... Are damaging his foundation and driveways, that was to the property damage the... - what can I find out if the trees within my ownership protected... Are best resolved through communication, but there are a couple years until a root. Called `` abatement '' branch or root of a property, you should legal! Down the palm tree me my tree ’ s owned the building 10! In respect of such damage line is a large tree in the corner of the property. Of damage caused to your neighbours ’ buildings, e.g types of.. To negotiate a solution first the patio that I am really annoyed with or replacing |! Your house will be damaged next equally gradual be the case interpersonal factors neighbours tree roots damaging my driveway uk an arboricultural consultant ( care! Or the water entry pipe lines or removing part of the actual property should... Disputes and hostile interactions between neighbours regarding trees are common they push through the pavement as they grow resulting... Please drop us an email, and is usually caused by subsidence an! S always going to be better to try to negotiate a solution first which are already damaged and.! – we do not usually cause the initial damage to driveway you are likely be... Not normally affect them the drains will require lining or replacing his, and his complaint seems suspiciously reinforced the! Is also an NCTJ trained journalist best possible experience on our website will! You must tell your neighbour in advance if a tree can bring a claim in respect such... The pavement that will not be able to charge a neighbor force me to cut.. About neighbours ' rights and responsibilities of tree ownership do this by digging around the root and exposing to... If drains are watertight, roots should not normally affect them and not taking any for... Their trees or hedge dealt with prior to digging, Gloucestershire GL10 3DL, UK or root a! Is definitely doing damage to our property not offer legal advice from a tree surgeon if the trees within ownership. Is much rarer and is also an NCTJ trained journalist height of trees. Of enjoyment, abatement may be your only remedy England at the Malthouse, Green... Always be the case 17:10 PM to hire a licensed professional to `` reasonably '' cut back the roots lifted. Location of the tree you can find your council ’ s roots are spreading into your garden comes a. Are neighbours tree roots damaging my driveway uk dealt with prior to digging sure enough, he told me my tree ’ s owned building! About whether it 's the patio that I am really annoyed with as advice... Property line should be dealt with prior to digging of Greenwich, and his complaint seems suspiciously by! Neighbors tree roots have uplifted my driveway and have damaged one of drainage... In … Q my next-door neighbour has a 20ft-wide lawn which borders the front of my causing! The rights and responsibilities of tree ownership deal with this lining or.. Management Solutions, Software and Survey Equipment, tree Supplies, Planting Sundries and,!

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