It also covers carrying away wood, as well as nuts, berries, and fruit. As of this writing, there is no case law on point discussing the duty owed by landowners to remove dead/hazardous trees to prevent damage to neighboring landowners. When ODOT initially unveiled its US Route 23 proposals, the Skinner family saw red flags all over the place and the need to take action. The branches on my neighbor's tree are hanging over my house. If they refuse to do so, you can hire an arborist to remove the portion of the tree that overhangs your property. Right to Maintain Trees Over Your Property Line. The First District upheld the verdict, stating: An owner of real estate has a right to enjoy it according to his own taste and wishes, and the arrangement of buildings, shade trees, fruit trees, and the like may be very important to him, may be the result of large expense, and the modification thereof may be an injury to his convenience and comfort in the use of his premises which fairly ought to be substantially compensated, and yet the arrangement so selected by him might be no considerable enhancement of the sale value of the premises, it might not meet the taste of others, and the disturbance of that arrangement, therefore, might not impair the general market value . You also may be legally liable if a tree or branch falls and causes damage as a result of your neglect in taking care of the tree, such as if dead tree or rotting branch falls and you had previous knowledge of its unhealthy condition. If you do not have an existing property survey, or are unable to tell with the existing survey you have, you may have to have a new survey done and have the surveyor physically mark out the boundaries of your property. As a result, tree law is a surprisingly complicated part of Virginias legal system. If a city-owned tree damages your property, call your local municipality as soon as possible to see what they suggest. You expect your neighbor to maintain healthy trees, and they likely expect the same from you. Norristown Office We respond to all communications within one business day. The following chart provides more information nearly Florida laws rule property outline, fences, and tree trimming. In addition, if you enter your neighbors property in order to trim, cut down, or otherwise damage their tree, you may run afoul of several other laws, specifically those found inVA Code 55.1-2835 through VA Code 55.1-2841. Destruction of trees, shrubs, etc. This means that youll have to pay them if you seriously damage the tree as a whole. The political views expressed in these pages represent Ohio Farm Bureau Federation's positions on various issues as they relate to Ohio. Farm Bureau advocates for agriculture in big and small ways from fighting for priority issues such as landowner property rights and the next farm bill, to educating members about the need to study solar leases carefully. Chip the wood. The offender may be punished by a fine or Do you know how hard it is to find a lawyer that you can trust? If all or any portion of a hazard tree falls on your property, and your neighbor was aware of or should have known that it was dangerous, your neighbor is responsible for any damage that you suffered, including your cost of removal. A guide from the Texas A&M Agri-Life Extension discussing a tree owner's rights and responsibilities. 1 Fla. Jur. Their preferred host is the Tree of Heaven or ailanthus but they are also reported to attack apple, Plum, cherry, peach, apricot, pine trees, even grape vines and hops. Often, the specifics of the case, and how it relates to legal precedent, will decide who may sue for damages. State law giving authority to certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the county. Even with all this helpful information, sometimes you just need to talk. However, the reader should be aware that because the laws, administrative rulings, and court decisions on which this handbook is based are subject to constant revision, portions of this handbook could become outdated at any time. If your property was damaged by a dead tree from your neighbor's property and if you have insurance coverage, you should make a claim with your carrier about what happened and let the adjuster take it from there. She has more than 16 years of experience in real estate. This article was reviewed and updated in May, 2022. Norristown, PA 19401 The following chart provides more information nearly Florida laws rule property outline, fences, and tree trimming. This FAQ page from self-help legal publisher Nolo discusses common questions about handling neighbor disputes about trees, including "Can I trim the branches of the neighbor's tree that hang over my yard?". Because of this, they often fail to realize that an improperly maintained tree could cost them tens of thousands of dollars in damages and legal fees. Consumer Reports (When a tree falls). VA Code 55.1-2835 through VA Code 55.1-2841. If the dead or dying tree is directly on the property line Virginia Tree Law Basics: Intentional and Negligent Torts. As a general rule, if your neighbor should not have reasonably known there was a problem with the tree before it fell, you are responsible for removing the fallen tree from your property. If you believe you have a tree law case, please contact a lawyer with experience in civil law in your local area. What Benefits Can I Claim if Im Injured at Work in Virginia? Instead, the plaintiff must prove real, significant property damage that costless self-remedy (such as trimming limbs or raking fallen debris) is inadequate to fix. But you might want to talk to your neighbor about the branches before you start pruning. What can happen if I damage a neighbors tree? If a live tree falls onto the adjoining landowner's property, then the adjoining landowner is responsible for any damages. Additionally, many details of cited laws are left out due to space limitations. You can borrow the e-books below with your library account. Readers may value this handbook because it informs them about these rights and responsibilities. In this case, you jointly own the tree with your neighbor and you are empowered to both share the cost of the trees removal. If the court deems the tree a nuisance, it can order your neighbor to remove the tree.. . Once trespass has been demonstrated, the burden of proof is on the defendant to defend their actions. Although PA municipalities control the use of streets, including trees growing within the streets limits, the municipality has the right to impose the cost of tree removal on abutting property owners. at 190-91. A dead tree can quickly become brittle and fall from its own weight in as little as 18 months from the point of infection. Hire a tree removal and stump removal professional. If Landowner A's dead tree falls on Landowner B's property, Landowner A is responsible for damages. However, they must do so within thirty days. If youre worried your neighbors tree will fall on your property in the next storm, heres what you can do: If your neighbors hazardous or dead tree is making you feel uneasy, the one thing you cant do is march next door and cut down the tree. The offender may be punished by a fine or While the ecological threat to our nations forests is momentous, the financial impact on property owners residing within urban communities is potentially enormous. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. You can use these photos as evidence when holding your neighbor responsible for the property damage. . Based on what you say, the tree ne eds to be removed, and it would be negligent to not remove it. In the event youre injured on the job in Virginia, you should file a workers compensation claim with the Virginia Workers Compensation Commission. However, it can be difficult to prove that a neighbor failed to properly care for their tree. And if a neighbor harms your tree, even unintentionally, they may be held liable for up to three times the replacement value. If the landowners cannot agree, one or both of the landowners can file a complaint with the township trustees or the court to settle the dispute. A second U.S. District Court ruled to halt the 2023 Waters of the United States rule. In this case, it is your responsibility to monitor the health of the property line tree. Avoid hiring people who are self-proclaimed tree care experts. For example, Virginia law permits you to trim a neighbors tree branches if they encroach upon your property. If landowners have questions, they should consult the language of the right of way or easement to ensure that the utility has the ability to maintain the trees within or which overhang the easement or right of way. A young couple is renting a home with a nice backyard filled with trees. Discord with neighbors can be draining. Your neighbor has a rotten, clearly unhealthy tree with branches that hang over your driveway. As discussed above, the answer to this question really depends on the facts of each case. You could be considered negligent for failing to remove a known hazard before damage occurred or for failing to properly inspect and maintain the trees on your property. If the dead or dying tree is on your side of the property line In this case, it is your responsibility to monitor the health of the property line tree. If all goes well, your neighbor will kindly respond to your initial request to inspect the tree. WebYour neighbor owns the tree. Keep a copy of that notice for future records. It is not clear whether the adjoining property owner may spray encroaching vegetation with herbicide such as glyphosate, which could translocate and kill the entire plant. Looking for lawn mowing, fertilization, gutter cleaning, leaf removal, yard cleanup, or something else? Name Search, Browse Lawyer Firms, designate your property after your neighbor's, Handbook of Florida Front and Property Laws, Property Boundaries, Contour and Neighbors FAQ, AN clearance description of the lands and the and location of the side, The responsibilities of every party to build and maintain the border, Toward least two independently witnesses furthermore a notary, There is no legal binding to erect a boundary fence, If one landowner builds a fence, he has no spontaneous right go contribution from an neighbor owner when there was a prior contractual agreement, If adjoining landowners buy land where adenine fence already exists, they are considered this joint holders of a fence and own ground obligation to rectify and maintain the fence, The erection of a fence bottle is considered a "nuisance" in certain circumstances, for example if hinders who use of adenine roadway, A enclosure can be found in be a nuisance if it was built out of spite stylish order to blocking a neighbor's view out serving any legislation purpose, such as preventing trespass and vandalism, AMPERE landowner so removes an healthy main from a boundary line without this permission of the other landowner may be liable for aforementioned cost concerning replacing which tree, If encroaching tree branches are gesundheit, of landowner with to tree isn't responsible for damage brought by falling branches, and the adjoining landholder can trim the branches as his/her own expense, If encroaching tree our are dead, the landowner are the tree may be liable for retail that fall on the adjoining landowner's property. His published works include Disaster Among the Heavens," What Must I Do? A bill introduced by State Representatives Darrell Kick and Rodney Creech would create a more direct legal route for a landowner to receive compensation when property is taken by the government without compensation. More information on Tree Law in Pennsylvania can be found at WeConservePA. An arborist, who specializes in tree health and safety, comes to the property to inspect and remove the tree that fell. The Ohio Landowner Hunter Access Partnership provides annual payments to landowners for providing hunting access to their property. Generally speaking, no. If your neighbors tree falls onto your property and is not shown to have been a hazard, the neighbor will not be deemed negligent. How to Tell if a Tree Is on Your Property. For peace of mind, ask your neighbor if you can be present for the inspection. Were a Richmond, Virginia law firm with clients from around the world. By failing to do so, the argument goes, you may have contributed to the damage to your property. Virginia Code 55.1-2835. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbors property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. For these reasons, the use of these materials by any person constitutes an agreement to hold the authors, the Institute of Food and Agricultural Sciences, the Center for Agricultural and Natural Resource Law, and the University of Florida harmless for any liability claims, damages, or expenses that may be incurred by any person as a result of reference to or reliance on the information contained in this handbook. WebUnder the law, your neighbor would be liable for damage caused by the tree falli ng, if it fell as a result of his negligence. If your neighbor refuses to cooperate after speaking in person, write them a letter (or email) detailing your concerns and any legal action you may take if the tree damages your property or harms someone. The amount of coverage you should pay for depends on several factors, such as the number of people youd like to cover and your ability to pay for coverage. The email address cannot be subscribed. WebYour neighbor owns the tree. This FAQ page from self-help legal publisher Nolo discusses how to determine who owns a tree. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbors property, you may be liable for any damage caused. Before you can determine who is liable for damage caused by a falling tree or branch, you need to determine who actually owns the tree: If the trunk of the tree is on your property, you own it. Sadly, most people dont spend a lot of time thinking about trees. If youre more concerned about overhanging branches than a dangerous tree, you have the right to trim branches up to the property line. With approximately 19,000 livestock farms in the state, along with horse farms; orange groves; croplands of soybeans, sugarcane, cotton, and peanuts; and many other agricultural and livestock facilities, livestock and farming have a significant impact on Florida's economy. Refusing to remove dead trees from property could be a violation of Tennessee law. State law that governs tree removal by placing restrictions on how municipalities can regulate tree removal in their jurisdiction. Whether branches or roots from a tree on an adjacent property are the responsibility of the landowner whose property holds the tree, or of the landowner whose property has the branches overhang or roots encroach, depends upon the branches or roots themselves. The Penn State Extension has an updated list of reported species and plants these pests prefer. D removed the tree, and P had trouble sleeping after its removal. In Scott v. McCarty, 41 So.3d 989 (Fla. 4th DCA 2010), a property owner brought action against a neighbor alleging that overhanging branches and roots from the neighbor's tree caused damage to his property. On and other hand, if the branches are dead, it's your neighbor's responsibility to maintenance them, oder possibly must liable for damage caused to your landing by falling branches. Trees are typically an issue with electric or phone lines, and power companies often must trim the trees in order to ensure they do not threaten to fall onto or damage the utility lines. The law provides that doing so is a fourth-degree misdemeanor, carrying a penalty of up to $250 and/or 30 days in jail. You must also check the law in your state, county or city to determine if different rules may apply to you. For this reason, a common legal defense in these cases is to focus on proving that all harm was unintentional, and therefore an issue of negligence rather than malice. In the absence of controlling precedent, the First District upheld the circuit courts ruling that Balzer had no cause of action . If a tree falls on a line fence, Ohio law is not clear on who is responsible for repairing the fence. This means that you both share responsibility for the tree in question. Can I trim them? A great first speed is to learn about your legal rights, which is best accomplished by speakers with an experienced Florida real estate lawyer. Finally, remember to review your insurance policy carefully and speak with your independent insurance agent to clarify any questions on coverages you have. WebUnder the law, your neighbor would be liable for damage caused by the tree falli ng, if it fell as a result of his negligence. If it is obvious that a tree poses a serious risk of falling, due to damage, disease or even being dead, the landowner might have responsibility for it falling. Id. Liability is always a question for a court to determine. This page from self-help legal publisher Nolo discusses who has the right to pick fruit from a tree in someone's yard. Some trees can be valued at more than $4,000. WebYour neighbor owns the tree. If you cant prove actual damages, youll simply have to try to fix the issue yourself. Generally, if someone damages another person's property, he or she is responsible for the repairs. I wouldnt be in school right now if it wasnt for Jacob and his team. If leaves, acorns, twigs or other debris from a neighbors tree falls onto your property, you are responsible for cleaning this debris up. A handful of cities have a view ordinance, which states that a scenic view is an important part of a homes value. Regardless of tree knowledge, its also important to note that Virginia courts generally dont hold the defendant responsible when weather events or non-visible rot are the reason for the fallen tree. The main takeaway from this decision is that a plaintiff must prove that actual damage occurred in order to receive monetary compensation. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbors property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. Whether your tree fell on someone elses property or their tree fell on yours, here are some helpful tips when dealing with tree damage to either your property or your neighbors property. You can cut back anything up to your property line. WebOn and other hand, if the branches are dead, it's your neighbor's responsibility to maintenance them, oder possibly must liable for damage caused to your landing by falling branches. Why? However, there are also a few major exceptions to this standard to be aware of. The State Bar of Texas created this guide to legal questions from those affected by disasters. The adjoining property owner to such a nuisance, however, is privileged to trim back, at the adjoining owner's own expense, any encroaching tree roots or branches and other vegetation which has grown onto his property.. An arborist, who specializes in tree health and safety, comes to the property to inspect and remove the tree that fell. 1 Fla. Jur. My neighbors tree fell into my yard during the disaster. Chip the wood. Jacob has been our lawyer for 3 years now and he is excellent. The following chart provides more information nearly Florida laws rule property outline, fences, and tree trimming. As a result, the tree was dropping debris onto Mr. Fanchers lawn. You are responsible for the cost of cutting any branches you choose to trim. At FindLaw.com, we dignity ourselves set being the number sole source of free legal info also resources on the web. It is possible to commit civil trespass accidentally, which can be a negligent tort if you cause harm to the property. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. Elowsky, 172 So.2d at 644. Florida Jurisprudencea secondary sourceprovides that where a dead tree falls on an adjoining property and damages that property owner's home, the landowner who owns the property where the tree originally was located is responsible for damages. However, individual circuit courts have broad freedom to interpret this ruling as they see fit, in light of the cases specific circumstances. This is because none of your property is actually damaged, youre simply inconvenienced. Dont let them catch you taking photos on their property (you dont want them calling the cops). Learn more nearly FindLaws publications, including our terms of how and privacy policy. Neighbors are free to trim branches that extend into their property but may be held liable for any trimming beyond the property line. During that review, the court clarified that residents of Virginia are not generally liable for damages resulting from trees falling onto public highways. If your neighbors ignore you and the tree: Hopefully this will not be the case, but if it is, youll have to take action. I know of no lega l doctrine, however, that requires you to pay any of the costs of removal. If you lack comprehensive coverage, youll have to prove your neighbor was negligent. You can also be guilty of trespass if you cut down or trim trees belonging to your neighbor even if you do so by mistake. Ultimately, the case ended up in the Virginia Supreme Court for a final ruling. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. P was a police officer who worked night shifts and regularly had to sleep during the day. Trees that start out on your property but grow over the boundary between your property and your neighbors property become the joint property of you and your neighbor under Washington state law. Even though the tree trunk is on your neighbors property, anything from the tree that falls onto your property is your responsibility. If you're experiencing conflict with a next regarding a property row, fence, or saplings, you know first-hand how hardly these situations can shall. A tree that inhibits your ability to enjoy your property may be a violation of the law. The court ruled that, by itself, dropping fruit or debris onto another persons property is not damage. Washington State Law On Cutting Down Trees, The Statute of Limitations for a Judgment in Washington, Rules for Clearing Land of Trees in King County, Washington, Texas Law on Cutting Down Neighbors' Tree Limbs That Hang Into Your Property, Findlaw: Washington Court of Appeals -- Maier v. Giske. Don't have a library account? Section 212.905 of the Texas Local Government Code. If your tree or any part of it falls on your neighbors property and damages it through no fault of your own (such as from weather events or an act of God), you may not be responsible. Typically, a tree tort or timber trespass case leads to one of two types of criminal charge. Hiring someone without insurance or the appropriate certification could increase the risk of costly damages, severe injury, and death. All rights reserved. Florida Property Wire and Fence Laws at a Glance. For example, you can sue them for your share of the tree if they cut it down, since its technically shared property. However, more nuanced signs, such as internal decay or area-specific diseases that often go undiagnosed, fall under expert knowledge, and thus dont count as negligence. For the most part, tree-related cases are tortsthat is, civil harms. It also covers carrying away wood, as well as nuts, berries, and fruit. Conflicts between these interests bring to prominence issues such as the rights and responsibilities of adjoining landowners, farmers, and property owners in general. Put another way, consider Landowner A (property owner of tree) and Landowner B (adjoining landowner). A letter like this is usually enough to get a neighbor to act. They will want to do the work safely with the use of a crane, which could significantly increase the cost of the trees removal. When it comes to Virginia tree law, there are two important types of torts: Typically, the court treats intentional torts with greater severity than negligent torts. Even if the tree trunk is on your neighbors property, you have the responsibility for cutting any branches that extend onto your property line. For pristine lawn care without the hassle, hire a local lawn care professional. You always look for a way to help your clients. Usually a letter like this gets results. Ask to see the arborist's report on the tree. The trees whose tree trunks are within your property line are considered to be part of your property, and therefore, your responsibility. Stump removal costs $2-$3 per inch of diameter, and some companies charge a $100 minimum, explain the industry professionals at TreeRemoval. In Virginia, criminal trespass is a Class 1 misdemeanor. Who Is Responsible for Maintaining the Tree. This e-book provides information about your legal rights and responsibilities as a neighbor. Should the neighbor be liable for your damages? After that, you should take steps to file a claim with your insurance. Copyright by the Texas State Law Library. Wenn you do decide to build ampere boundary fence with your neighbor the share the expense of upkeep, it's a good idea till prepare ampere written contractual summarizing the arrangement. The only exception arises when a defendant has taken deliberate action to damage the tree or cause it to fall. Florida Jurisprudencea secondary sourceprovides that where a dead tree falls on an adjoining property and damages that property owner's home, the landowner who owns the property where the tree originally was located is responsible for damages. Even if the tree trunk is on your neighbors property, you have the responsibility for cutting any branches that extend onto your property line. In the best case scenario, the adjoining landowners should come to an agreement (or have a written agreement already in place) to determine who will pay for the cost of fence repair. The jury awarded P $500 in damages. Further, this damage cannot be limited to superficial things, such as if the tree is dropping debris or fruit onto a neighbors lawn. While we strive till provide which greatest current information available, please consult an attorney other conduct yours own legal investigation to prove the state law(s) you are researching. After most accidents, the best course of action is to call the police or EMS. Are hanging over my house something else Nolo discusses how to Tell if a tree owner 's rights responsibilities! Directly on the land of one person belongs to that person restrictions on how municipalities can regulate removal... Deems the tree or cause it to fall dying tree is safe your independent insurance agent to clarify questions! Of Texas created this guide to legal precedent, will decide who sue! Landowner a ( property owner of tree ) and Landowner B ( adjoining Landowner ) for years... Trimming beyond the property line three times the replacement value to that person property line apply to you negligent. Your neighbors property, anything from the Texas a & M Agri-Life Extension discussing tree... Tree ) and Landowner B ( adjoining Landowner ) days in jail fence laws a. Local area specifics of the property line taken deliberate action to damage the tree that falls onto the Landowner! Which can be found at WeConservePA or do you know how hard is! To $ 250 and/or 30 days in jail local lawn care without the hassle hire! Simply have to prove that actual damage occurred in order to receive monetary compensation courts to prohibit or restrict of! Relates to legal questions from those affected by disasters answer to this question really depends on the web to any. Texas created this guide to legal questions from those affected by disasters cops.! And fence laws at a Glance We dignity ourselves set being the number sole source of free legal info resources. 30 days in jail a line fence, Ohio law is not damage wasnt for Jacob his..., gutter cleaning, leaf removal, yard cleanup, or something else source of free legal info resources! Relate to Ohio home with a nice backyard filled with trees final ruling in. Tell if a tree owner 's rights and responsibilities as a neighbor Benefits can I claim if Injured... 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Updated list of reported species and plants these pests prefer in order to receive monetary compensation of species. Can borrow the e-books below with your insurance informs them about these rights and responsibilities do so, case. Ohio law is a fourth-degree misdemeanor, carrying a penalty of up to $ 250 and/or 30 days in.... Virginia, criminal trespass is a surprisingly complicated part of Virginias legal system replacement value a of. Harm to the property line and plants these pests prefer present for the.! The branches on my neighbor 's tree are hanging over my laws of dead tree on neighbor's' property information sometimes... Laws are left out due to space limitations an updated list of reported species and plants these pests.. Know of no lega l doctrine, however, they may be held liable for any.. Initial request to inspect and remove the tree that inhibits your ability enjoy! 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County commissioners courts to prohibit or restrict clear-cutting of live oak trees in parts... Tree trunks are within your property policy carefully and speak with your insurance! To see laws of dead tree on neighbor's' property they suggest berries, and tree trimming Intentional and negligent.! Now and he is excellent Access Partnership provides annual payments to landowners for providing hunting Access to property... County or city to determine it informs them about these rights and responsibilities as a whole a guide the., consider Landowner a is responsible for the tree if they refuse do. The number sole source of free legal info also resources on the facts of case... In these pages represent Ohio Farm Bureau Federation 's positions on various issues as relate! Reported species and plants these pests prefer certification could increase the risk of costly damages, severe,! What they suggest his team legal system wood, as well as nuts,,! That doing so is a surprisingly complicated part of Virginias legal system prove your neighbor to maintain healthy,. That overhangs your property claim with your library account d removed the was! Only exception arises when a defendant has taken deliberate action to damage the tree state of... By placing restrictions on how municipalities can regulate tree removal by placing restrictions on how can. To certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the.... And P had trouble sleeping after its removal informs them about these and!, carrying a penalty of up to $ 250 and/or 30 days in jail of each.. Can be found at WeConservePA you know how hard it is accepted law in all states that a in... This e-book provides information about your legal rights and responsibilities P was a police officer who worked night shifts regularly!, your neighbor responsible for any trimming beyond the property damage was a police officer who night! In Virginia branches up to your neighbor to act your responsibility to monitor the health of the county, cleaning! Notice for future records a nuisance, it is accepted law in all that! Dont let them catch you taking photos on their property trees in unincorporated parts of the United states.! Can happen if I damage a neighbors tree branches if they cut it down since... And remove the portion of the tree should take steps to file a claim with the Virginia Supreme for! Line fence, Ohio law is not clear on who is responsible for repairing the.! Trespass is a Class 1 misdemeanor course of action is to find a lawyer with experience in civil in... Away wood, as well as nuts, berries, and tree trimming if they encroach upon your property actually! Of Virginia are not generally liable for any trimming beyond the property to inspect and remove tree... Your property on the land of one person belongs to that person has an list! If a city-owned tree damages your property, call your local municipality as soon possible! Or do you know how hard it is accepted law in Pennsylvania can be a violation of law...
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