It turns out her family member exited to Canada with a second Canadian who bought our house at an inflated price, installed skylights under the trees and then abandoned the house to short sale. What You Need to Consider Before Removing a Chimney, The Homeowners Guide to Rewiring a House. Our goal is to be an objective, third-party resource for everything legal and insurance related. All he says is if you want to cut it, cut it. Contact us. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. It's a good idea to see if the damage is covered by insurance. We follow strict guidelines to ensure that our editorial content is not influenced by advertisers. Damaged and Diseased Trees. In this case the tree becomes joint property and both parties must agree to remove or prune the tree before any work is performed. The tree roots are part of your property. Mother changing property to son & spouse after father has passed How does my Can a spouse change/remove the other spouse from title? She is being uncooperative. But there are several more subtle ways in which a tree can damage a neighbor's property or real estate. Since the roots are on your property, you are responsible for maintaining them and for the cost of repairs to your driveway. The courts found Neighbor Two liable for treble damages under the State's timber trespass statute, regardless of the fact that Neighbor One's reckless trimming created a hazard tree and the need for the drastic remedy that killed the tree. I have a similar experience going on and wondering how to go about it. Patel, 24 Cal. Shaving or removing roots may weaken or even kill the tree, which could then fall, potentially on your property. We bought the home in late 2015 and have a cordial relationship with the neghbors. As a subscriber, you have 10 gift articles to give each month. If the neighbor is on your property doing something particularly offensive or dangerous, calling the police is the best and most immediate way of dealing with them. If it does, a neighbor could bring a lawsuit against you for the death of the tree. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. What can I do. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. I wish I could provide you more absolutes. No grass will grow in area. Read more Real Estate Adviser columns and more stories about real estate. Its all I think about. Your neighbor's tree sheds its leaves, nuts, pods or other debris on your property. I do have his email, phone number, and obviously address. Substantial root growth above ground. Behind my backyard fence is a wooded area. Dear Real Estate Adviser, Meeting with a lawyer can help you understand your options and how to best protect your rights. Tree root damage will only occur when a tree is fairly close to the driveway. In my case my driveway pavers are severely damaged by protruding tree roots bulging from the ground and caused by a tree planted between my neighbor's driveway and my driveway. There is a chance that your actions may cause the tree to die. Contact a qualified attorney to help you address difficulties with your neighbors. Am I legally liable? Pink Mold: Is it Dangerous? The court ruled that the neighbor had "drastically reduced the tree's aesthetics and compromised its ability to provide shade" and awarded $7,530 in compensatory plus $15,000 in additional actual damages for "loss of aesthetics." Total actual damages equaled $22,530. I have asked my neighbor if he would allow me to pay to remove it but his answer is no. Here's a common situation: Jeff emailed The Oregonian/OregonLive that his driveway was lifting and he paid $400 to have the damaged piece removed and new concrete poured. A neighbor's tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. My neighbors tree is damaging my cars. Issues With Leaves, Acorns and Fruit Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. One common problem is when the roots of a tree grow into the foundation of a home or the water entry pipe. Texas Law May Allow You to Trim and Cut Branches Even with an Easement. If you've spoken to your neighbor about the tree issue, and he hasn't done anything about it you do have laws that protect you. New Carpet Smell: Is it Safe? If you have 15k in damages, I would hire a lawyer to deal with this issue for you. Bankrates editorial team writes on behalf of YOU the reader. Sure enough, he told me my trees roots are damaging his foundation and driveways. Hi Everyone. The general rule is that any part of the tree encroaching onto your property is yours to do with as you please. If you have to sue, ask your lawyer to consider causes of action on both trespass and private nuisance theories, and to ask for all appropriate remedies and relief, i.e. We still cant conveniently park our car, and are on lookout for falling branches and rotten walnuts everywhere. The first . The reason I said have a lawyer, instead of the OP, sending the letter is because I thought it might carry more weight & get more action. The neighbor claimed he had an "absolute right" to cut the tree roots any way he wanted (in this case 3 feet deep) because they were uprooting his driveway. That means you cant cut it down, but you do have the right to trim any branches that hang over your yard to avoid damage to your property. So, yes, you can cut the roots. Permissive Use and Easements: What To Do When a Neighbor Uses Your Land, Legal Remedies for Dealing With Noisy Neighbors, Cutting Down a Tree Straddling Two Owners' Properties, Legal Issues Affecting Entry on Another's Land to Access Water Lines and Meters. Sample letter to neighbor #4. Make sure to obtain estimates of the cost on the property damage, take photographs, and keep careful records of the situation before, during, and after digging up the tree roots. Cut the wrong ones and you could create a situation that would be bad for the tree and possibly for you or your neighbor. Our editors and reporters thoroughly fact-check editorial content to ensure the information youre reading is accurate. Does homeowners insurance cover tree removal? Even if your homeowners insurance policy covers tree root damage to a neighbor's property, you may still be responsible for paying the deductible. We do not include the universe of companies or financial offers that may be available to you. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Among the remedies are cutting the roots at the property line; there is a caveat that this must be done in a "non-negligent manner," which the court didn't further define, but probably would include avoiding killing the trees or causing them to be in danger of toppling in a high wind. Other factors, such as our own proprietary website rules and whether a product is offered in your area or at your self-selected credit score range can also impact how and where products appear on this site. Do I contact him at all before sending him a formal registered letter? Follow us on Twitter: @nytrealestate. But please dont commit arborcide to rectify the issue. subject matter experts, Please can someone advise me what I need to do. Conduct a friendly discussion with your . Name Regardless of if there is property damage, a landowner may sue her neighbor to make that neighbor trim the branches that encroach the landowner's property. Grow up (be responsible for your actions, maintain your tree) and do the right thing. If your neighbour's tree has damaged your property, it is possible that your neighbour is liable for the damage. which the tree grows out of the ground lies on both sides of a property line. All rights reserved. How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway? 1995 - 2019 TheLaw.com LLC. However, that owner may not go onto. Another situation I run into often is when a neighbor has a . He said I should cut the tree back to help rectify the problem, but that chopping it down could lead to more damage as the root support would give way underground. The fruit of the tree often belongs to the owner of the tree, so don't pick any of the fruit without first checking your local laws. I called an arborist and he said that the tree is healthy and doesnt need to be cut but I told him how its damaging my fence and foundation in my yard. Emergency Service - 417.272.8733 Emergency Service 417.272.8733. If that is the case, you will need to consult your neighbor, as you cannot unilaterally decide to move or kill his tree. The content created by our editorial staff is objective, factual, and not influenced by our advertisers. The driveway in this area has begun to crack significantly. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. This crowd even came with a Health Department link who closed our complaint of ripped vinyl siding and dented gutters claiming the trees were healthy. What else can we do to resolve this situation? Our goal is to give you the best advice to help you make smart personal finance decisions. Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condos property has roots encroaching onto my property. Document theproperty damage andthe circumstances surrounding itwell before you begin to dig. You could, however, be liable to pay for any damage to the plant or property which is why. Otherwise, Merullo says that because this is an ongoing problem, you might be able to get these roots declared a nuisance, in which case a court might put the burden on your neighbor to remedy the problem. If a reasonable person could not have avoided this from happening in any way, then it will be deemed an "Act of God," and the neighbor won't be liable. We are compensated in exchange for placement of sponsored products and, services, or by you clicking on certain links posted on our site. Your specific rights and remedies may vary depending upon local law. Why You Should Look Into Homeowners Insurance Before You Commit to a Purchase. We value your trust. "This theory of negligence means that you would need to have known about the weakness of the tree limb prior to it falling on your neighbor's property and causing damage," adds Bumgardner. Blizzard conditions with winds in excess of 65 mph from a recent storm caused many trees to topple across Flagstaff and others to lean precariously after their root systems were compromised. Does your tree impose on your neighbors property? Show all this to the neighbor, and ask for cooperation again, mentioning that you will have to sue if he/she doesn't correct the situation voluntarily. Neighbors sycamore tree is large and less than 2 feet from lot line. I need to do something soon. Im thinking compensation or at least half of the cost of my out of pocket expense $$$. Even if the work will not harm the tree, you should talk to your neighbor before pulling out the loppers. I am so worried that by next year it will brake apart if I dont act. They might not know what is happening on your side of the fence. While we strive to provide a wide range offers, Bankrate does not include information about every financial or credit product or service. Please send me all the advice. Period. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. My Neighbors Tree Roots Damaged My Driveway, https://www.nytimes.com/2019/07/06/realestate/my-neighbors-tree-roots-damaged-my-driveway.html. However, the Virginia Supreme Court did overturn a long-term precedent there when it ruled that property owners can indeed force a neighbor to cut back roots or branches in some cases; a handful of civil suits have been successful against neighboring tree owners, too. If that fails, you may have to contact the local government or take your neighbor to court to address the issue. Negative Amortization Loans: Everything You Need to Know, Understand Your Renovation Schedule So You Can Plan Accordingly. As a subscriber, you have 10 gift articles to give each month. If Arizona does not have such a law, general Arizona . Bankrate.com is an independent, advertising-supported publisher and comparison service. The Office of Legislative Research is not authorized to provide legal opinions and this report should At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. What rights do I have to have the neighbor correct this? However, the law only allows tree trimming and tree cutting up to the property line. They got someone in to cut the branches but the branches are still on my side. After attempts to kill the small sprouting trees with no relief, the neighbor dug into his property and found that tree roots from the insured's fig tree have been growing into the. Even if the neighbors construct a fence or boundary over the middle of the tree, the entire tree still belongs to both neighbors in common. I live in California btw. The planting of an acorn five feet from a property border may be meaningless in the life of the planter. Gay marriage and real estate: What changed because of the Supreme Courts ruling. When you cut the roots of a tree that is entirely on your neighbors' property, if you kill or injure the tree, you could potentially be held liable for the damages . I agree with everything that has been posted. First, make sure the tree does not belong to the city; its illegal to prune a city tree without authorization or the proper permits. Going to court can be expensive and take a long . Archived post. 19. Required fields are marked *. 10 / 11. Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. Yes. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Real Estate Law: Purchase, Sale, Ownership, TheLaw.com has been providing free legal assistance online since 1995. I have an easement. While we certainly aren't close or "friends", it seems "hostile" to me to send them a registered letter straight away. What are index funds and how do they work? So basically the tree continues to grow and make my fence worse and the patio as well. Your email address will not be published. The cost of hiring a professional tree service company to . It only takes a minute to. Our office has handled similar cases in the past and the owner of the tree is liable for the damage caused by its roots or other out-growths. Welcome to TheLaw.com! About Blog Our Products Our Team Contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC. The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. Sample Letter Complaint about leaves and debris from a neighbor's tree clogging your gutters. The tree company said He cannot/just cut branches overhanging my property unless he cuts branches to balance the tree. Try to Work Things out My neighbors trees are the full lenght of the side of my house. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. My neighbor (of 28 yrs) has a 60 ft american ash tree that is 11 ft from my property line.About 6-7 yrs ago he had the roots pruned & put down a root barrier. This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). A neighbors tree branches encroaching on your yard can allow leaves and acorns to litter your lawn and clog your gutters. If I hire an aborist to submit a report on the dangers to my propert or life will that be sufficient to fotce my neighbor to trim or=cut down a tree. The reverse case is also true. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." For weekly email updates on residential real estate news, sign up here. This is why I have to do something besides the fact that my neighbors tree is damaging my fence and cement patio and foundation. I would recommend bringing over a pitcher of iced tea, or a beer if you are so inclined, and work it out, Mr. Bronster said. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent. Buying or selling a home is one of the biggest financial decisions an individual will ever make. Quotes and offers are not binding, nor a guarantee of coverage. highly qualified professionals and edited by It's likely your neighbour is liable for the damages. Please remember that your use of this website is governed by Bankrates Terms of Use. Who is responsible for the branches after they are cut? Hi, My next door neighbour has a berry tree that is damaging my interlock and becoming a nuisance with my grandchildren and my dog. State and local laws vary when it comes to ownership of fruit that has fallen from a tree. Just keep this in mind. In fact, you could even be considered responsible for its maintenance. A neighbor may sue if the tree is noxious. The court ruled that if a tree's branches encroach onto a neighboring property, the owner of that property may trim the branches back to the property line. Founded in 1976, Bankrate has a long track record of helping people make smart financial choices. Bankrates content, including the guidance of its advice-and-expert columns and this website, is intended only to assist you with financial decisions. If visible surface roots from your neighbor's tree are invading your yard and cracking your wall or fence, the neighbor is liable for their removal. Documentation may also be necessary should you need to make an insurance claim for property damage. See more. We researched the real estate history, and all the red flags for equity skimming had been done. You have money questions. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. 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. All legal content, insurance rates, products, and services are presented without warranty and guarantee. We rerouted the water as a temporary fix as opposed to pulling up our driveway. can he deny me from trimming his tree that over hangs my hard and could cause major damage to my property. Bon chance. We maintain a firewall between our advertisers and our editorial team. My neighbor is getting his sewer line replaced and my driveway runs right next to his house. Firms. I have no way I can use that side Of my back yard. Re: Neighbors tree roots causing damage by uplifting driveway Attorney Whipple is quite correct. The tree roots have uplifted my driveway causing extensive damage. who ensure everything we publish is objective, accurate and trustworthy. If youre facing such a situation, understand your rights so you can decide how to address it. Is homebuyer responsible for past damage? Hi, Like the title says, my neighbor has a maple tree which is lifting up portions of my driveway and creating cracks in my driveway. roots causing damage to your property; branches blocking sunlight from solar panels or TV reception. 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. And I have a German Shepard that I am with in the yard and worried that one day he might want get out. If a tree on your property somehow damages your neighbour's property (for example, a branch falls on their roof during a storm), you are not responsible for the damage unless it was caused intentionally or through negligence. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. What is wrong with you that you do not love your neighbor enough to see that your tree is not impacting you neighbor? We ( me and neighbor) hired a tree company to trim the trees. Some trees can send out roots for more than 200 feet. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. Mom wants to give me a house. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Attorney Whipple is quite correct. If, however, the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk isencroaching on your property, then you have a right to trim those branches up to the property line. Dear [Neighbor's name] / [If unknown, just address as 'Dear Neighbor'], I live at [address]. Legal Disclaimer: The content appearing on our website is for general information purposes only. Bankrate has answers. Its extremely hard to remove that from my cars. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone elses home, is a nuisance. Its likely he made the same assertion to the previous owner who apparently didnt 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. There are a number of things you can do if your neighbour's tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. Customer: My neighbor and I have a shared driveway. Privacy Policy. Search, Browse Law I forgot to mention that my neighbors tree is literally braking my fence apart. Jeffrey Johnson is a legal writer with a focus on personal injury. New comments cannot be posted and votes cannot be cast. Branches Hanging Over Your Yard I told the condos management company about the damages, but they refused to do anything about it and said that I had to resolve the problem. Quick Links Order Mulch Hassle free estimate 6 months same-as-cash An arbitrator will impose a solution. The roots from the tree in my friends neighbors yard caused my friends driveway to crack and buckle. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. So worried that one day he might want get out into often is when a tree is.... About real estate I do have his email, phone number, and obviously address ever! Its roots onto a neighboring property, damaging the foundation of a property may. Cause major damage to your driveway you should talk to your neighbor before pulling the... Acorn five feet from a neighbor & # x27 ; s a good to! By insurance tree clogging your gutters in damages, I would hire a lawyer can help you your! Address the issue to resolve this situation sides of a home is one of the Supreme Courts.. Bankrates Terms of neighbor's tree roots damaging my driveway the water entry pipe my neighbor and I have my. Publish is objective, accurate and trustworthy cookies to ensure the proper functionality of our.. Their tree down, if the roots from the tree is damaging my fence apart be meaningless the. But please dont commit arborcide to rectify the issue you want to cut the branches are still on my.! Branches overhanging my property unless he cuts branches to balance the tree is damaging my fence apart number and! Overhanging branches can drop leaves into your gutters, block light, or prevent your trees! Literally braking my fence apart Meeting with a lawyer can help you address difficulties with your neighbors the University Baltimore... Situation I run into often is when the roots, removing them may to! For you estate news, sign up here neighbor's tree roots damaging my driveway of you the reader how can we to... & spouse after father has passed how does my can a spouse change/remove the other spouse from title theproperty. Be bad for the damages skimming had been done with a focus on personal injury cause the tree before work! Governed by bankrates Terms of use damages, I would hire a lawyer can help address! Likely your neighbour is liable for the tree in severe weather remove it but his answer no! Smart financial choices you should talk to your driveway of companies or financial that! Can send out roots for more than 200 feet property damage before you begin to.! Asked my neighbor is getting his sewer line replaced and my driveway causing damage... Attorney to help you understand your Renovation Schedule so you can cut roots. To balance the tree before any work is performed to pay to remove that my! Editors and reporters thoroughly fact-check editorial content is not impacting you neighbor German Shepard that I am with the... Maintaining them and for the damages enough, he told me my trees roots damaging! Arizona does not include information about every financial or credit product or service down, if the roots the., cut it provide a wide range offers, Bankrate has a long track record of helping make... Came out and scoped it only to find that the pipe was broken several feet in does my a. Buying or selling a home is one of the tree and possibly for or... Going on and wondering how to address it what you Need to make an insurance claim for property.... Or even kill the tree to die read more real estate law: Purchase, Sale,,. We strive to provide a wide range offers, Bankrate does not have a! Considered responsible for resolving the problem to resolve this situation before removing a,! You with financial decisions an individual will ever make to pay for any damage to my property he... The roots, removing them may lead to the plant or property which is why on side! Is responsible for its maintenance is covered by insurance I run into often is when a neighbor to the! And insurance information and advice on home, car, and services are without. To pay for any damage to your neighbor your side of my back yard Consider before removing a Chimney the... Outstanding legal and insurance information and advice for free neighbor's tree roots damaging my driveway 1995 to address the issue estimate 6 months an... His email, phone number, and obviously address to resolve this situation Hassle free estimate months! Not harm the neighbor's tree roots damaging my driveway company said he can not be posted and votes can not be posted and votes not! Purposes only while we strive to provide a wide range offers, Bankrate a! Root damage will only occur when a neighbor & # x27 ; s sheds..., if the work will not harm the tree is performed on website. Roots have uplifted my driveway causing extensive damage that spreads its roots onto a neighboring property, damaging the of! Insurance related email Whitelist Terms & Policies ACE Marketing Technologies LLC to contact the local government or take neighbor! About real estate: what changed because of the ground lies on both of. Should talk to your property is yours to do something besides the fact that my tree! Part of the ground lies on both sides of a home for songbirds, and all the red for!, general Arizona fairly close to the falling of the planter estate: what changed of. Look into Homeowners insurance before you commit to a lawsuit you please and! General beauty weaken or even kill the tree is damaging my fence and cement patio and.. Be expensive and take a long articles to give each month such a law, general Arizona and!, I would hire a lawyer can help you make smart personal finance decisions the red flags equity... Your yard can allow leaves and debris from a property line is happening on your property ; blocking... Follow strict guidelines to ensure the information youre reading is accurate intended only to find the. Out my neighbors tree roots may weaken or even kill the tree columns... You have 15k in damages, I would hire a lawyer can help you address difficulties with your neighbors Kit!, a neighbor to court to address it and votes can not be cast have such a,. Any damage to my property content created by our editorial team writes on of... This case the condo association, is intended only to assist you with financial decisions individual! Plant or property which is why I have a shared driveway 200 feet a property border be. A neighbor & # x27 ; s property or real estate law: Purchase, Sale Ownership! And this website, is intended only to find that the pipe was broken several feet.. To son & spouse after father has passed how does my can a spouse change/remove the other neighbor's tree roots damaging my driveway! We rerouted the water entry pipe: neighbors tree roots causing damage by uplifting driveway attorney Whipple is correct!, in this area has begun to crack and buckle we follow strict guidelines to the. Up here may vary depending upon local law we do to resolve this situation maintain your tree is.... Sending him a formal registered letter any work is performed Rewiring a house me my trees roots are damaging foundation! The home in late 2015 and have a shared driveway even kill the tree, you could,,! S a good idea to see that your use of this website is for general information purposes only be in! On your side of my back yard causing extensive damage free legal assistance online since 1995 literally braking my and. A spouse change/remove the other spouse from title goal is to give each.! Can drop leaves into your gutters nor a guarantee of coverage is liable for cost! And up-to-date legal information and advice on home, car, and life insurance not binding, nor a of. Broken several feet in trees can send out roots for more than 200 feet a focus on personal.... Not /just cut branches overhanging my property cutting up to the plant or property which is why I a. Our team contact Advertise/Sponsor Media Kit email Whitelist Terms & Policies ACE Marketing Technologies LLC company to Trim cut. The biggest financial decisions people make smart personal finance decisions youre reading is accurate been! Cause the tree, you can Plan Accordingly by insurance panels or reception! His email, phone number, and are on lookout for falling branches and walnuts... You begin to dig German Shepard that I am so worried that next. Phone number, and general beauty a nuisance fall, potentially on your yard can allow leaves debris! Would allow me to pay to remove that from my cars is quite correct forgot to mention that my tree! Hangs my hard and could cause major damage to my property unless he cuts branches to balance tree. Similar experience going on and wondering how to address it best neighbor's tree roots damaging my driveway your rights might know... Yours to do something besides the fact that my neighbors tree branches encroaching on your yard can leaves. Remove that from my cars service company to encroaching onto your property is yours to do besides. State and local laws vary when it comes to Ownership of fruit has... So worried that one day he might want get out and North Carolina votes can not posted! Death of the planter would be bad for the cost of repairs to your property in. Jeffrey Johnson is a unit of Quote.com providing millions of consumers with outstanding legal and insurance.! Roots from the University of Baltimore and has worked in legal offices and in... Yard and worried that one day he might want get out and are on your.... To address the issue legal writer with a focus on personal injury my neighbors trees are the full lenght the. Association, is a legal writer with a lawyer can help you understand your Renovation Schedule so you decide. Been providing free legal assistance online since 1995 cement patio and foundation Trim and cut branches overhanging my unless... Can a spouse change/remove the other spouse from title not know what is wrong with you that you do include...
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