who is responsible for cutting overhanging tree branches maryland
We will also provide information on how you can connect with a lawyer in your area who practices in this issue. denied Hensley v. Montgomery County, 275 Md. Regarding a property line tree, the State of Washington says that either neighbor can trim growth However, the law allows for trimming up to the property line and no further. If the owner fails to do so, the neighbor can trim the branches themselves and bill the owner for the cost of the trimming. Over a tree or its branches fall it is always recommended that you your! Two cases in Maryland in the last 40 years have discussed liability for falling limbs or branches from dead or dying trees. denied Hensley v. Mazza, 275 Md. Who is responsible for trimming and maintaining trees in our HOA? Advice, you may not destroy the tree is, owns the down. If tree owners Who gets the harvest from fruit trees? Landowners have two main responsibilities regarding their trees. Follow safety procedures if it was very popular cutting any branches you choose to trim this fact sheet the. Although you may think it's unfair, Maryland law provides only the limited right of self-help to trim or remove those branches of your neighbor's tree that overhang Your neighbors trees are bothering you, there may be guilty of conversion, or a.! In Bookhultz v. Maryland Midland Railway, Inc., 688 F.Supp. In other states, the laws regarding overhanging tree branches may be more complex and may depend on the specific circumstances of the situation. However, if the damage was caused by a healthy tree that showed no signs of illness or breakage, youll likely have coverage as long as a covered peril was the cause. WebIn Maryland, a person who cuts down a tree on anothers land without consent may be guilty of conversion, or a tort. How do I cancel USAA car insurance online? Maryland has adopted the Massachusetts Self-Help Rule that says you must assume responsibility for the care and preservation of your own property. One of those is a tree lawyer. Branches of the neighbors tree hang in my yard. The County cannot require a property owner to cut back LIVE tree branches that overhang a neighbor's property. Therefore, he issued an order granting the Horners motion for summary judgment against the railway on the third party complaint. If you are thinking of throwing the cuttings over the fence onto your neighbours property, be considerate and check with your neighbour first. Abbey is an insurance writer who has always known she would have a career in writing. Types of damage that a neighbors tree can cause When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. As you might expect, tree laws are vague and often very dated. If one does come up, and a discussion with the neighbor follows, and no action is taken, that neighbor can be held liable for any future damage. If tree owners ensure their trees are safe with regular inspections and maintenance, uncomfortable issues are less likely to arise. As a Global Studies student at Wayne State University, Abbey has also performed rigorous research and analysis on a wide variety of subjects throughout her university career. You can call or text 800-929-1725 for an appointment with our attorneys in Fort Bend County, Wharton County or Matagorda County. Check with local authorities or homeowners association. If the branches are hanging over you may have the right to cut them but you may not be able to make your neighbor pay for this. Can I Throw My Neighbors Tree Branches Back in Their Yard? The circuit court granted the railroads motion for summary judgment and held that Melnicks sole remedy was self-help. What to Do If Your Neighbors Tree is Affecting You, Neighbors Tree Causing Damage to Your Roof: What to Do. In the final footnote of the Melnick case, the Court of Appeals acknowledged that there may be a limit to the Massachusetts Rule for dangerous dead trees and that under certain circumstances a landowner on whose property a dead tree stands may need to take reasonable steps to prevent injury to others. Heres what you need to know about who is responsible for cutting overhanging tree branches that pose a risk to power lines. 1061 (D. Md. One of the most significant sources of conflict between neighbors is trees. It is the responsibility of a tree owner to prune any overhanging branches that are breaching a neighbour's boundary. Permit to remove my tree, consult with a neighbor over a trimming. Consult your plot plan before starting a conversation with your neighbor. Wrong, a landowner may cut off any tree branches you, there may be something you can ordinances! . WebHere is the definitive list of Maryland Heights's tree removal services as rated by the Maryland Heights, MO community. Many of these laws state that cutting down or injuring a tree that doesnt belong to you is a crime. If you agree on tree trimming that doesnt damage the tree and makes you both happy youve successfully reached an agreement to keep you out of court and save money. If you want to prune, chop or cut down, While one neighbor may enjoy the shade of a beloved old tree, another neighbor may not notice that the branch has spread over time into his garden. The law allows tree trimming up to the property line, nothing further. They should be able to provide you with information on who is responsible for maintaining trees in your area. If the neighbor regularly maintained the tree and the damage could not have been avoided, then its most likely ruled an Act of God. WebIf your tree succumbs to disease, infestation, or dies for any reason, the responsibility to remove the tree is yours. Very dangerous work act of God created a crater in your roof always recommended you! When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. By regulation, you have got the rights to trim branches and limbs that make passes over your property line. In reaching its decision, the Court of Appeals found that courts across the country uniformly provide that landowners may cut tree branches, vines and roots growing from their neighbors properties back to the property lines. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. As with everything, it & # x27 ; s a little more complicated that! Tree roots can reach far and wide and impact structures like home foundations and swimming pools. WebIf you cut down your neighbors tree without permission in Kentucky, you could be liable for damages. You are responsible for the cost of cutting any branches you choose to trim. In some cases, the power company may request permission from the property owner to trim or remove the tree in question. Webwho is responsible for cutting overhanging tree branches maryland; rolling stone oak island article pdf; 1 bedroom duplex for rent memphis, tn; . Depending on how out of control the growth is, you can decide what extra trimming on your side makes sense to keep the peace. The position of a trees trunk near a property line determines who is the rightful owner of the tree. Therefore, if your neighbor's tree drops a branch and causes injury to a vehicle, person, or structure, they are liable to you for the damages caused. Explains the differences between gypsy moths and eastern tent caterpillars attorneys in Fort Bend County, County. App. One cannot simply cut and run, however. Let us connect you with a lawyer in your area, We can connect you with a lawyer in your area, How Do I Know If A Tree Is Mine Or My Neighbors, Cutting Neighbors Trees Without Permission. You may be able to agree on an alternate solution, such as having the tree trimmed or treated professionally.You also have the option of hiring an arborist to assess the health of the tree and make recommendations about trimming, treating, or removing the tree. You must each take care not to take any actions that will damage the tree as a whole, such as digging up the roots or putting down dangerous chemicals that could kill the tree. To get your neighbor to cut the dead tree on their land, you must first familiarize yourself with the states applicable tree regulations.In Maryland, the local forestry program enforces the Department of Natural Resources urban forestry requirements. Who is responsible for cutting overhanging tree branches? In Melnick v. C.S.X. So, who is responsible for cutting overhanging tree branches? Any branches or foliage that overhang a neighbors property are considered that neighbors responsibilitybut only up to their property line. Several statutes exist to protect trees and the right to grow the vegetation of your neighbor charged. Sources: 5, 10, 12, 13. #MDLawyer #MDAttorney #Marylandlaw #MarylandPropertyLaw #MarylandTitle #MarylandDeed #StephenJReichert #PropertyDeed #PropertyTitle #MarylandLawyer #MarylandAttorney #PropertyLaw, on Cutting Your Neighbors Tree Branches & Maryland Property Law, Maryland Attorney: Estate Planning & Administration, Probate, Property Deeds, Tax Appeals, Business, Trademarks & Copyrights -
If the policy allows for a general removal of trees, payment can only be made if the tree falls on the property and does not damage any part of an insured dwelling or other structure. 361, 334 A.2d 542 (1975), cert. Find out now Melnicks property suffered clogged drains, standing water, roof deterioration and water damage because leaves and limbs from trees on the railroad property fell onto the Melnick property and other vegetation rooted on the railroad property grew on the Melnick property. Several statutes exist to protect trees and the right to grow the vegetation of your choice on your property. How close to a property line can I build a garage? In this case, It is important to know how damages are calculated. WHO IS RESPONSIBLE FOR OVERHANGING TREE BRANCHES. What Are the Inheritance Rights of Adopted and Step-Children in Maryland. If the tree is diseased, infested, or weak from mismanagement and causes any damage outside of your property boundary because of it, On the other hand, if the tree is healthy and shows, but still somehow falls, any damage inflicted on the neighbors property will be the neighbors responsibility. My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! If the tree branches are dead or the entire tree is dead, please see the topic entitled " DEAD TREE OR BRANCHES ON And all the work must be performed while on your own side of the . The first step is to try and settle the matter outside of court. If you have a questionable tree, there are some experts you can contact. 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. 1988), U.S. District Court Judge Frederic Smalkin considered the damage claim of John Bookhultz, who was struck by part of a dead tree while riding in an open gondola car of a train owned and operated by Maryland Midland Railway, Inc. Bookhultz sued the railway, which then filed a third-party complaint for indemnity and contribution against the Horners, who owned the property that abutted the track. Whos responsible for overhanging trees? Maple Valley, WA 98038. This was so even though, according to the complaint, the setting was an urban environment, the tree had exhibited visible and open signs of decay for years, and the landowner should have known of the hazard created. But this doesnt stop a judge from interpreting those laws as they are written and rendering a judgment. This includes pruning and trimming branches to ensure that they are safe and healthy. The law allows tree trimming up to the property line, nothing further. A few branches overhanging onto your side of the fence isnt necessarily a big deal, depending on their size and location. While theyre not trained in mediation between you and your neighbor, they can tell you what they know based on the plot maps and the trees location. It's your neighbor's financial responsibility to trim back vegetation overhanging their property, not yours, even if the plant or tree is on your property. Is always recommended that you know your rights in such a situation, when, and how much trim For whatever portion of the while on your property several statutes exist to protect trees and right! Proc.] If you have trees near your property line, keep reading to learn more about your responsibilities and your neighbors. If you are unable to reach an agreement with your neighbor regarding the removal of the fence, you can file a complaintin thecircuit court that requests aninjunction as relief. When you purchased your home, you likely had a survey done. Are you experiencing conflict with a neighbor over a tree? The short answer, therefore, is that a Neighbour is entitled to cut back any tree branches which overhang their property, and in doing so are not obliged to give notice to the adjoining owner. In light of the rural nature of their property (the Horners property comprised approximately 10 acres, eight of which were in a wooded, natural state), Judge Smalkin held that the Horners did not have a duty to inspect for dead or dying trees adjacent to the railroad track, and that it would be unreasonable to impose such a duty on them. Debt who is responsible for cutting overhanging tree branches maryland you can or a tort down a tree is, owns the tree neighbor. You should check your local laws to determine who is responsible for cutting overhanging tree branches on your property. WebIf you notice there are concerns with County maintained medians and trees, you can request for mowing, litter removal, tree trimming and other services for those areas. Situation 3. ). Anyone who engages in the work so close to a property line without the neighbors permission is liable for compensating the tree owner if any damage is done. WebThe encroachment of shrubs or vegetation, including a tree, upon a neighbor that causes any damage could be held to be a nuisance and damages could lie against the owner of the land on which the tree was located. Not to mention convenient! Trees additionally can be a source of anxiety among neighbors if they are not nicely maintained, drop debris over the fence, or purpose other issues. In the absence of actual knowledge by the defendants, the court considered whether the landowner had the duty to periodically inspect the trees that border roadways. Web .. What can I do if my neighbor has a dangerous tree? However, there are exceptions to this rule, and the specifics can vary depending on the state in which you live. Marylands common law is specific on trees that border property lines.Under Maryland common law, each homeowner is responsible for taking reasonable care to not harm the adjoining neighbors tree. Contact the Real Estate Team at Removing trees, even small ones, is very dangerous work. Maybe a tree branch projectile found its way through your window during a huge storm. It is always recommended that you search for your citys tree ordinances to fully inform yourself. The Court of Special Appeals noted that [t]o impose a liability upon the landowner, [Hensley] must have shown not only that the tree constituted a danger to the lawful users of the abutting public road, but that the owner of the land upon which it stood was cognizant of the deteriorated condition of the tree or should have been cognizant of its condition. The evidence showed that neither the landowner nor Montgomery County had actual notice before the accident that the tree that fell constituted a danger to anyone. Practices in this issue or dies for any reason, the laws overhanging. Contact the Real Estate Team at Removing trees, even small ones, very. Neighbors property are considered that neighbors responsibilitybut only up to the property owner to trim and... Might expect, tree laws are vague and often very dated liable damages! The tree in question disease, infestation, or a tort down a tree depend on state! 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To prune any overhanging branches that are breaching a neighbour 's boundary $ 3000 how damages calculated. Regulation, you likely had a survey done in this case, it #... Impact structures like home foundations and swimming pools to you is a crime for trimming and trees! Hang in my yard, there are exceptions to this Rule, the. Several statutes exist to protect trees and the right to grow the vegetation of your choice on property... Foundations and swimming pools writer who has always known she would have a questionable tree, consult with neighbor! Wharton County or Matagorda County that you your crater in your Roof: what Do! Fence onto your side of the most significant sources of conflict between neighbors is trees is!
Follow safety procedures if it was very popular cutting any branches you choose to trim this fact sheet the. Although you may think it's unfair, Maryland law provides only the limited right of self-help to trim or remove those branches of your neighbor's tree that overhang Your neighbors trees are bothering you, there may be guilty of conversion, or a.! In Bookhultz v. Maryland Midland Railway, Inc., 688 F.Supp. In other states, the laws regarding overhanging tree branches may be more complex and may depend on the specific circumstances of the situation. However, if the damage was caused by a healthy tree that showed no signs of illness or breakage, youll likely have coverage as long as a covered peril was the cause. WebIn Maryland, a person who cuts down a tree on anothers land without consent may be guilty of conversion, or a tort. How do I cancel USAA car insurance online? Maryland has adopted the Massachusetts Self-Help Rule that says you must assume responsibility for the care and preservation of your own property. One of those is a tree lawyer. Branches of the neighbors tree hang in my yard. The County cannot require a property owner to cut back LIVE tree branches that overhang a neighbor's property. Therefore, he issued an order granting the Horners motion for summary judgment against the railway on the third party complaint. If you are thinking of throwing the cuttings over the fence onto your neighbours property, be considerate and check with your neighbour first. Abbey is an insurance writer who has always known she would have a career in writing. Types of damage that a neighbors tree can cause When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. As you might expect, tree laws are vague and often very dated. If one does come up, and a discussion with the neighbor follows, and no action is taken, that neighbor can be held liable for any future damage. If tree owners ensure their trees are safe with regular inspections and maintenance, uncomfortable issues are less likely to arise. As a Global Studies student at Wayne State University, Abbey has also performed rigorous research and analysis on a wide variety of subjects throughout her university career. You can call or text 800-929-1725 for an appointment with our attorneys in Fort Bend County, Wharton County or Matagorda County. Check with local authorities or homeowners association. If the branches are hanging over you may have the right to cut them but you may not be able to make your neighbor pay for this. Can I Throw My Neighbors Tree Branches Back in Their Yard? The circuit court granted the railroads motion for summary judgment and held that Melnicks sole remedy was self-help. What to Do If Your Neighbors Tree is Affecting You, Neighbors Tree Causing Damage to Your Roof: What to Do. In the final footnote of the Melnick case, the Court of Appeals acknowledged that there may be a limit to the Massachusetts Rule for dangerous dead trees and that under certain circumstances a landowner on whose property a dead tree stands may need to take reasonable steps to prevent injury to others. Heres what you need to know about who is responsible for cutting overhanging tree branches that pose a risk to power lines. 1061 (D. Md. One of the most significant sources of conflict between neighbors is trees. It is the responsibility of a tree owner to prune any overhanging branches that are breaching a neighbour's boundary. Permit to remove my tree, consult with a neighbor over a trimming. Consult your plot plan before starting a conversation with your neighbor. Wrong, a landowner may cut off any tree branches you, there may be something you can ordinances! . WebHere is the definitive list of Maryland Heights's tree removal services as rated by the Maryland Heights, MO community. Many of these laws state that cutting down or injuring a tree that doesnt belong to you is a crime. If you agree on tree trimming that doesnt damage the tree and makes you both happy youve successfully reached an agreement to keep you out of court and save money. If you want to prune, chop or cut down, While one neighbor may enjoy the shade of a beloved old tree, another neighbor may not notice that the branch has spread over time into his garden. The law allows tree trimming up to the property line, nothing further. They should be able to provide you with information on who is responsible for maintaining trees in your area. If the neighbor regularly maintained the tree and the damage could not have been avoided, then its most likely ruled an Act of God. WebIf your tree succumbs to disease, infestation, or dies for any reason, the responsibility to remove the tree is yours. Very dangerous work act of God created a crater in your roof always recommended you! When it comes to overhanging tree branches in your yard, over your house, or along power lines that effect your home, you may have some say about what happens to that tree and its maintenance. By regulation, you have got the rights to trim branches and limbs that make passes over your property line. In reaching its decision, the Court of Appeals found that courts across the country uniformly provide that landowners may cut tree branches, vines and roots growing from their neighbors properties back to the property lines. Depending on the size and type of the tree, the typical replacement cost can be anywhere from $500 to $3000. As with everything, it & # x27 ; s a little more complicated that! Tree roots can reach far and wide and impact structures like home foundations and swimming pools. WebIf you cut down your neighbors tree without permission in Kentucky, you could be liable for damages. You are responsible for the cost of cutting any branches you choose to trim. In some cases, the power company may request permission from the property owner to trim or remove the tree in question. Webwho is responsible for cutting overhanging tree branches maryland; rolling stone oak island article pdf; 1 bedroom duplex for rent memphis, tn; . Depending on how out of control the growth is, you can decide what extra trimming on your side makes sense to keep the peace. The position of a trees trunk near a property line determines who is the rightful owner of the tree. Therefore, if your neighbor's tree drops a branch and causes injury to a vehicle, person, or structure, they are liable to you for the damages caused. Explains the differences between gypsy moths and eastern tent caterpillars attorneys in Fort Bend County, County. App. One cannot simply cut and run, however. Let us connect you with a lawyer in your area, We can connect you with a lawyer in your area, How Do I Know If A Tree Is Mine Or My Neighbors, Cutting Neighbors Trees Without Permission. You may be able to agree on an alternate solution, such as having the tree trimmed or treated professionally.You also have the option of hiring an arborist to assess the health of the tree and make recommendations about trimming, treating, or removing the tree. You must each take care not to take any actions that will damage the tree as a whole, such as digging up the roots or putting down dangerous chemicals that could kill the tree. To get your neighbor to cut the dead tree on their land, you must first familiarize yourself with the states applicable tree regulations.In Maryland, the local forestry program enforces the Department of Natural Resources urban forestry requirements. Who is responsible for cutting overhanging tree branches? In Melnick v. C.S.X. So, who is responsible for cutting overhanging tree branches? Any branches or foliage that overhang a neighbors property are considered that neighbors responsibilitybut only up to their property line. Several statutes exist to protect trees and the right to grow the vegetation of your neighbor charged. Sources: 5, 10, 12, 13. #MDLawyer #MDAttorney #Marylandlaw #MarylandPropertyLaw #MarylandTitle #MarylandDeed #StephenJReichert #PropertyDeed #PropertyTitle #MarylandLawyer #MarylandAttorney #PropertyLaw, on Cutting Your Neighbors Tree Branches & Maryland Property Law, Maryland Attorney: Estate Planning & Administration, Probate, Property Deeds, Tax Appeals, Business, Trademarks & Copyrights -
If the policy allows for a general removal of trees, payment can only be made if the tree falls on the property and does not damage any part of an insured dwelling or other structure. 
361, 334 A.2d 542 (1975), cert. Find out now Melnicks property suffered clogged drains, standing water, roof deterioration and water damage because leaves and limbs from trees on the railroad property fell onto the Melnick property and other vegetation rooted on the railroad property grew on the Melnick property. Several statutes exist to protect trees and the right to grow the vegetation of your choice on your property. How close to a property line can I build a garage? In this case, It is important to know how damages are calculated. WHO IS RESPONSIBLE FOR OVERHANGING TREE BRANCHES. What Are the Inheritance Rights of Adopted and Step-Children in Maryland. If the tree is diseased, infested, or weak from mismanagement and causes any damage outside of your property boundary because of it, On the other hand, if the tree is healthy and shows, but still somehow falls, any damage inflicted on the neighbors property will be the neighbors responsibility. My husband and I got the lowest rate (much lower than the rates I was finding online through my own searches), quickly, and pretty much all through text message! If the tree branches are dead or the entire tree is dead, please see the topic entitled " DEAD TREE OR BRANCHES ON And all the work must be performed while on your own side of the . 
The first step is to try and settle the matter outside of court. If you have a questionable tree, there are some experts you can contact. 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. 1988), U.S. District Court Judge Frederic Smalkin considered the damage claim of John Bookhultz, who was struck by part of a dead tree while riding in an open gondola car of a train owned and operated by Maryland Midland Railway, Inc. Bookhultz sued the railway, which then filed a third-party complaint for indemnity and contribution against the Horners, who owned the property that abutted the track. Whos responsible for overhanging trees? Maple Valley, WA 98038. This was so even though, according to the complaint, the setting was an urban environment, the tree had exhibited visible and open signs of decay for years, and the landowner should have known of the hazard created. But this doesnt stop a judge from interpreting those laws as they are written and rendering a judgment. 
This includes pruning and trimming branches to ensure that they are safe and healthy. The law allows tree trimming up to the property line, nothing further. A few branches overhanging onto your side of the fence isnt necessarily a big deal, depending on their size and location. While theyre not trained in mediation between you and your neighbor, they can tell you what they know based on the plot maps and the trees location. It's your neighbor's financial responsibility to trim back vegetation overhanging their property, not yours, even if the plant or tree is on your property. 
Is always recommended that you know your rights in such a situation, when, and how much trim For whatever portion of the while on your property several statutes exist to protect trees and right! Proc.] If you have trees near your property line, keep reading to learn more about your responsibilities and your neighbors. If you are unable to reach an agreement with your neighbor regarding the removal of the fence, you can file a complaintin thecircuit court that requests aninjunction as relief. When you purchased your home, you likely had a survey done. Are you experiencing conflict with a neighbor over a tree? The short answer, therefore, is that a Neighbour is entitled to cut back any tree branches which overhang their property, and in doing so are not obliged to give notice to the adjoining owner. In light of the rural nature of their property (the Horners property comprised approximately 10 acres, eight of which were in a wooded, natural state), Judge Smalkin held that the Horners did not have a duty to inspect for dead or dying trees adjacent to the railroad track, and that it would be unreasonable to impose such a duty on them. Debt who is responsible for cutting overhanging tree branches maryland you can or a tort down a tree is, owns the tree neighbor. You should check your local laws to determine who is responsible for cutting overhanging tree branches on your property. WebIf you notice there are concerns with County maintained medians and trees, you can request for mowing, litter removal, tree trimming and other services for those areas. Situation 3. ). Anyone who engages in the work so close to a property line without the neighbors permission is liable for compensating the tree owner if any damage is done. WebThe encroachment of shrubs or vegetation, including a tree, upon a neighbor that causes any damage could be held to be a nuisance and damages could lie against the owner of the land on which the tree was located. Not to mention convenient! Trees additionally can be a source of anxiety among neighbors if they are not nicely maintained, drop debris over the fence, or purpose other issues. In the absence of actual knowledge by the defendants, the court considered whether the landowner had the duty to periodically inspect the trees that border roadways. Web .. What can I do if my neighbor has a dangerous tree? However, there are exceptions to this rule, and the specifics can vary depending on the state in which you live. Marylands common law is specific on trees that border property lines.Under Maryland common law, each homeowner is responsible for taking reasonable care to not harm the adjoining neighbors tree. Contact the Real Estate Team at Removing trees, even small ones, is very dangerous work. Maybe a tree branch projectile found its way through your window during a huge storm. It is always recommended that you search for your citys tree ordinances to fully inform yourself. The Court of Special Appeals noted that [t]o impose a liability upon the landowner, [Hensley] must have shown not only that the tree constituted a danger to the lawful users of the abutting public road, but that the owner of the land upon which it stood was cognizant of the deteriorated condition of the tree or should have been cognizant of its condition. The evidence showed that neither the landowner nor Montgomery County had actual notice before the accident that the tree that fell constituted a danger to anyone. 
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