who is responsible for fallen tree removal

However, some landlords may ask their tenants to sign a lawn care or landscaping addendum. This article provides a general overview of the law. In most cases, tree trimming is not covered by the lease agreement. But if the tree fell down due to your negligence then you might have to cover the costs. A DIY idea may seem tempting, but successful fallen tree removal is a complex process. Handling chainsaws and other power tools can be extremely dangerous, especially if you're a novice, and especially after a major storm, when surfaces are likely still slick with water or ice. toddsmariettatreeservices.com gathered information on who is responsible for a tree when it falls, when homeowners insurance should be involved, and proactive measures to prevent your trees from falling. When this happens, the neighbor whose yard the tree falls into is responsible for its cleanup and removal . At that point, the property owner whose property the tree resides on becomes responsible and as such, can be liable. Is it Legal to Trim a Tree Hanging Over the Fence. Although this is often difficult to prove, it is better to be safe than sorry. However, sometimes, its not as easy to determine who is responsible for the fallen tree removal. Some well-established tree services may communicate directly with your insurance company, helping you through the claims process. When you place a phone call from this website, it will route you to a licensed, professional service provider that serves your area. She is a Master Gardener, Certified Metabolic Typing Advisor and a Certified Health Coach with vast experience working with organic gardening and nutrition. Therefore, it is important, and required by law, to hire an expert. Hire an ISA certified arborist to perform a tree hazard assessment on the rest of your trees. In this article, you discovered valuable insight into who is responsible when a tree falls, defining who a tree belongs to, when a homeowners insurance policy should be activated, and what you can do to prevent a tree from falling. Agricultural and Natural Resource Law is a catch-all term for all manner of legal issues concerning the resources supporting the business of farming and land ownership, management and development of its natural resource potential. You will need to contact your local government office to find out who you need to get in touch with. Save my name, email, and website in this browser for the next time I comment. toddsmariettatreeservices.com/removal-permit-ordinance/, toddsmariettatreeservices.com/why-do-i-need-tree-hazard-assessment/, toddsmariettatreeservices.com/how-to-identify-tree-emergency/, georgejohnsonins.com/news/38/Who+is+Liable+When+a+Tree+Falls+on+a+Neighbor%27s+Property, homeguides.sfgate.com/responsibility-overhanging-tree-100592.html. We discuss the relevant laws, tree ownership, and responsibility rules for clearing. Water, mulch, fertilize, and prune your trees as needed for their species and age. Handling chainsaws and other power tools can be extremely dangerous, especially if youre a novice, and especially after a major storm, when surfaces are likely still slick with water or ice. Find local Tree Trimmer, Tree Removal, Stump Grinding, Emergency Tree Service, and Tree Pruning. If a tree is located on public grounds, then local authorities will be responsible for removing it, but you might have to pay for damages incurred to your property. Quality matters when hiring for a big project. Tree Concerns and Removal. Tree Removal Public Works and Environmental Services CONTACT INFORMATION: Our administrative offices are open 8 a.m. - 4 p.m. Mon - Fri 703-324-1770 TTY 711 treemail@fairfaxcounty.gov 12055 Government Center Parkway Suite 518, Fairfax, Va 22035 Brian Keightley, Division Director, Urban Forest Management Tree Removal Compose a letter to your neighbor explaining your concerns about the tree. If you have home insurance, then the cost of tree removal might be covered by the insurance company. In many cases, the person who owns the tree is responsible for removing it. And because trees can cause so much damage when they fall, keeping an eye on both the trees on your property as well as those in your neighbors yard is an important part of keeping your home safe and free from storm damage. If the tree is in a dangerous condition or is an endangered species, the person who owns the property is responsible for removing it . Specific regulations apply depending on where you live, whether you own the land, and how the tree fell, as advised in this post by. You will need to check with your insurance company to see if they will cover the removal cost. Whether the direction a dead tree would fall was itself predictable may be irrelevant. For public streets and roads call VDOT 1-800-367-7623. Your citys arborist or forester notified your neighbor that the tree was diseased, dying, or dead, requiring its removal or pruning. Call Your Homeowners' Insurance After you make sure everyone is OK, you should then contact your homeowners' insurance. If you have ever wondered whose responsibility it is to handle a fallen tree should it fall, we can help with some of the basic information. In the event liability does need to be assigned for a tree falling across a property line, the question relies on a number of factors. Likewise, if a tree located on a lot falls onto the common area, the HOA is responsible for its removal and cost. If there was no negligence on the tree owners part, then you are responsible for cleaning up the part of the tree on your property and paying for the damage to your home, whether out of pocket or through your insurance. Contact an arborist or your local council about whether the tree can be removed. If they do not, they can be liable for any damages. There will be exclusion and condition clauses in the policy to limit the scope of what the insurer has to cover you for. It is not the policy-holder's responsibility to establish fault, and money for the tree damage and removal should come from the policy. 60, 168 S.E.2d 77 [N.C. When you are the owner of property you are liable as the home owner for any claim of nuisance or negligence made out against you. If a tree grows in your yard, you are responsible for the upkeep and cost of maintenance. Remember to always choose a professional when working in or around your property! Inspect the fallen tree for signs of decay. Signs that the tree is decaying include: Not sure if your tree is healthy? The North Carolina legislature has not addressed this issue by statute, so the determination of liability is left to the common or court-made law. If the tree fell on someone elses property (outside your property lines), the property owner is responsible for hiring a professional service to remove it. If a tree falls on private property, the property owner is typically responsible for its removal. When a tree falls in your yard and doesn't belong to you, you should take several key steps to determine who's responsible for the damage and removal costs. You may have a case to hold your neighbor responsible for all costs and repairs. If the trier-of-fact (judge or jury) finds that a reasonable person would have known of these facts about a tree, it could find that the owner acted unreasonably in waiting for the tree to cause damage, and could therefore assign the owner liability for the damage and removal. The first thing you should do is to check the governing documents for an HOA tree policy. Generally, the tree is considered as belonging to the homeowner on whose property the trunk is located. Damaged cars can cause significant financial losses. The damages that can result from a fallen tree depend on the size, weight, and age of the tree. When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. These certifications and memberships demonstrate that the company and its employees are up to date on current safety procedures and tree health recommendations. So, to be even more specific, it's the property owner of the yard where the tree stood before it fell. In most cases, the responsibility falls on the homeowner or property owner. Who Is Responsible for Removing a Fallen Tree? Who Is Responsible for Removing a Fallen Tree? In theory, the insurance company if the amount paid out is significant enough could pursue indemnity from the neighbor (or more likely their insurance company) under a theory that the neighbor was negligent in allowing a dangerous tree to loom beside the property line, though how often this happens is not readily known. If the fallen tree is located on your own property, then you will have to remove and bear the expenses of any damage related to the accident. By law, you have the right to trim branches and limbs that extend past the property line.However, the law only allows tree trimming and tree cutting up to the property line.You may not go onto the neighbor's property or destroy the tree.. Also Know, who is responsible for cutting overhanging . One North Carolina court opinion(Rowe v. McGee, 5 N.C.App. How to Negotiate Tree Removal (Best Tips)? Under Maryland Law, for fallen trees or similar accidents that may be qualified as an "act of God," the affected owners are responsible for damages to their property, including cleanup, removal and related expenses. Again, if you are not liable, then your insurer is not either. There are many choices in styles, textures, and , Do your lights flicker when you wash clothes? I grew up on a homestead and I am here to share the knowledge I have and things I learn while living in the countryside. The following measures should also be taken after a tree falls on your home: The impact of a falling tree can reverberate throughout your home, causing hidden minor damages that can quickly develop into expensive problems. If the branch had fallen in this interim, the Karpenkos could have been held responsible for any damages on the Raleighs' property. If a tree that is located on your own property falls within your property, you will be responsible for the cost of removing it. 5; Is Damage to Other Landscaping Covered? So, who should be responsible for the removal of a fallen tree? Avoid being stuck with the responsibility and expensive repairs when a tree falls on or from your property onto a neighbors. How Much Does Fallen Tree Removal Cost? Local government and private landowners If the tree falls on a property line that divides land owned by the local government and a private landowner, the responsibility falls onto the private landowner to remove and ensure the safety of the property. The following will help you boost the longevity of your trees and avoid catastrophic damages from their structural failure: Tip: When your tree presents signs of declining health, have it inspected and treated immediately. If the owner of the tree was notified in writing that the tree was a hazard and the insurance company knew the risk, then the homeowner is responsible for both sides of the property line. Knowing how to define responsibility for fallen trees will help you resolve the situation promptly and fairly. The case went back to trial, but the result is not reported. If there is no damage to the home or contents, then you may be up for your own removal costs. One thing to note here is that if the tree is located on your property and it is blocking public utilities like roads, you will be asked by local authorities to remove the tree in a fast manner. This however can depend on the reason behind the tree falling down. The law about neighbours rights and responsibilities is covered generally by the common law, being the tort of nuisance or negligence. Cooperative Extension prohibits discrimination and harassment on the basis of race, color, national origin, age, sex (including pregnancy), disability, religion, sexual orientation, gender identity, and veteran status. Lets take a look. Where trees cause damage and it is not a storm, for example your tree was dead, damaged or a species prone to having branches fall and you have a reasonable suspicion it might fall down you should take steps to address the danger. Financial Rights Legal Centre Inc | ABN 40 506 635 273 |Privacy Policy, Financial Rights acknowledges Aboriginal and Torres Strait Islander peoples as the traditional owners and custodians of our lands. Learn More About NC State Extension, We have several topic based email newsletters that are sent out periodically when we have new information to share. Be sure to ask the company about their credentialsarborists are certified through the International Society of Arboriculture, while companies can be members of the Tree Care Industry Association. Does homeowner insurance cover tree removal? If a tree in a public place falls on your property, the authorities will have to remove it but you will have to pay for any damages incurred to your property. Your email address will not be published. If a tree or portion of a tree from your yard causes damage to a neighboring property, you may be liable for damages if your neighbor can prove that you did not properly maintain your tree. Janes neighbours (or their insurer) could still insist she is liable. If the tree which has fallen on the road or on your driveaway is located on your property, you will be responsible for removing it. However, even if a tree is planted in a neighbor's yard, a homeowner has the right to trim any branches that hang on to their property. The Forest Conservation Act requires permits for any tree removal by more than one acre or 40,000 square feet. Then, can I cut down a tree that is on the property line? At Brothers In Arms Tree Services, well give you an honest assessment and help you with your tree removal and insurance policy options. Insurers generally limit what they'll pay to remove the. 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 . Required fields are marked *. The answer can vary depending on the situation. They will send someone to your sidewalk and assess the case, which can take between 7 and 10 days. As you are only liable for 50%, then your insurer is only liable for 50%. You can also, learn how trees near a house are cut down. If a tree that is located on your own property falls within your property, you will be responsible for the cost of removing it. The tree is on your property, so, consequently, the tree is yours. It was later decided that the property line would be the determining factor which laid an end to the legal disputes. However, when damage occurs, most insurance companies will only cover a portion of the cost to remove a tree, usually between $500 and $1,000. That includes; maintaining the interior features of the home and the external features of the property. In other words, if the tree is not rooted on your land, and belongs to a public company or government, then it is not your job to remove the tree. Cooperative Extension has offices in every county, NC State Department of Agricultural and Resource Economics, Land Title: Understanding Rights in Property, Land Title: Understanding Rights in Real and Personal Property, Neighbor Complaints and Response: the Basics of North Carolinas Right to Farm and Bona Fide Zoning, North Carolinas Right to Farm Law After Smithfield Litigation, Present Use Value: Maintaining the Individual Ownership Requirement in Transfer Planning, Utility Easements: Recent Case Considers Aesthetic Value of Removed Trees, Land Ownership, Liability, and the Law in North Carolina, Preventing and Managing Ice and Snow Damage to Landscape Plants, Legal Issues Surrounding Due Diligence for Solar Development, 19. The best thing to do in this case is open up a line of communication with your neighbor. It hn mr fruntl than Landlords are also responsible for the trees on their property, but they may have different policies in place regarding tree removal. Sometimes, your neighbor may be liable for removing the fallen tree. However, there are some exceptions to this rule. Fill out our online inquiry form to get advice about your insurance problems. When Is a Municipality Responsible for Fallen Tree Removal? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. It can be extremely expensive to remove a tree, depending on its size. Jane lives on a block with lots of trees. We would be happy to help! Call us for a quote. A tree ordinance provides the framework for managing the community forest. Al igual que con cualquier traduccin por Internet, la conversin no es sensible al contexto y puede que no traduzca el texto en su significado original. Any damage caused to your own or neighbors' property during DIY removal is your responsibility. In conclusion, who is responsible for fallen tree removal depends on various factors. For saving lightning-damaged trees, call Nature's Tree Removal of Houston at (713) 824-9036 ! Any damage that occurred to your neighbors home or property should be handled by your neighbors home insurance provider. Dirty , If youre in the market for new flooring, you know that the options can be exhausting. , Having a pool right in your backyard is a dream for many homeowners. A person who is injured or suffers property damage due to the fall of a tree rooted on the adjoining tract must prove that the owner of the adjoining tract was negligent in permitting a dangerous tree to remain standing and poised for damage. It is not the policy-holders responsibility to establish fault, and money for the tree damage and removal should come from the policy. Fallen tree removal costs will naturally require a specific type of labor. Most homeowners insurance policies will cover the cost of removing a fallen tree from your property. Often called popcorn because of the bubbly look, this type of textured ceiling was commonly used . Three factors that determine the responsibility of a fallen tree: Location . This however can depend on the reason behind the tree falling down. But who is responsible for fallen tree removal? You or your neighbor contracted a certified arborist to conduct a tree hazard assessment (of the tree in question) and found it to be diseased, dying, or dead and posing a threat to your property. However, the law only allows tree trimming and tree cutting up to the property line. It is generally advisable to have Home and Contents insurance which will cover you for your legal liability. If your healthy tree damages a boundary fence, each neighbour is responsible for 50% of the cost of the repair or replacement of the fence. Is it fun talking to your neighbor about who is responsible for a fallen tree? If your budget allows, offering to share the cost of a tree inspection and/or the removal may help this conversation go a little easier. If there was no negligence on your part, then you are only responsible for cleaning up the part of the tree thats on your property, not your neighbors. Under negligence theory, the landowner is under a duty to eliminate a reasonably foreseeable danger a tree may pose to adjoining property. If the tree is. Type trees in the search engine and select the relevant results. If your tree falls on your neighbours property, you are not automatically liable. Have your trees inspected annually by an ISA certified arborist. Susan Patterson is a healthand gardening advocate. In a vast majority of the cases when determining who is responsible for fallen tree removal, it will fall on the property owner. #2: Your tree falls on your neighbor's house If your tree falls on your neighbor's house, the basic (and almost always applied) rule is that the insurance policy of the property that was damaged pays for the loss. Removing trees, even small ones, is very dangerous work. En la medida en que haya algn conflicto entre la traduccin al ingls y la traduccin, el ingls prevalece. These are common signs your breaker panel is using , Do you have an outdated bathroom that needs a remodel? However, on appeal the Court held that the question of whether the neighboring landowners failure to remove the tree when given the chance even where the tree property had changed ownership amounted to contributory negligence (a bar to recovery) on their part was a proper question for the jury to consider. You should always assume that the lines are live. Who is responsible for fallen tree removal depends on where it has fallen.12If a tree grows on your land and falls on it, you should remove it or plan for its removal. Trees that do not receive regular pruning may become weak and are more vulnerable to high winds and other extreme weather events. However, when it comes to removal, it can get hotly contested as to who the tree belongs to, and therefore who is responsible for paying for its removal. Read your insurance policys Product Disclosure Statement (PDS). Not really, but its one of those parts of homeownership that almost everyone experiences at one point or another. Rest of the in-depth answer is here. We work with all major insurance carriers and are happy to do our part to help you. Depending on certain factors, such as accessibility and difficulty of the job, pricing may vary slightly. If a tree is located in a public space and it falls on your property, the cost of property damage will have to be incurred by you or your insurance company. Summer Tree Pruning: When to Get Started and What to Do, Oregon Tree ID: Looking Up in the Beaver State, Yellow, brown, brittle leaves during the growth season. Who is responsible for fallen tree removal on a property line? Under Florida law, the health of the tree determines who is responsible for damages to neighboring property. Traditionally at common law, courts treated trees as a natural condition of [the] land that relieved one landowner of liability when his or her tree caused an invasion of anothers use and enjoyment of anothers land. (Restatement of the Law of Torts, 840, p.310) Though as noted above this is largely the result when insurance is available, it is no longer a hard and fast rule regarding liability, and over the years courts have eliminated the distinction between trees that grow naturally and those planted by humans. If you are on friendly terms it may be possible to split the cost of having a downed tree removed. 1997-2023 Best Pick Reports, LLC. Because this is considered an act of God, not something controlled by humans, tree owners are not responsible for damage that their trees may cause neighboring properties. Here are the important points to keep in mind: Likewise, if your neighbor was aware of a dead or dying tree and didnt take action to remove it, you can take legal action. Other than that, your neighbor is the one that is responsible for the rest of the tree damage. Depending on the circumstances, criminal charges may also be brought. We'll quickly and safely remove the fallen tree from your residential or commercial property. Again, the tree owner is responsible for fallen tree removal. Working hand-in-hand with our partners at N.C. A&T and 101 local governments, we conduct groundbreaking research that addresses real-world issues in communities across the state. If you have documented proof that the fallen tree (from your neighbors property) was diseased, dying, or dead and that you previously notified your neighbor about the trees condition, present this to the adjuster. If you are worried about how much bathroom remodeling costs, you are not alone. More confusion may arise if limbs or the entire tree happens to fall unexpectedly. What If A Tree on Your Own Property Falls on Neighbouring Property? Most people will appreciate the heads-up, but if the conversation doesnt go as well as you hoped (or if your neighbor doesnt move forward with having the tree inspected or removed), you may need to try a different method. Can I sue my neighbor if his dead tree falls on my house? It is possible to discuss monetary arrangements with your neighbor, but the tree owner is under no legal obligation to pay for any damage to your property. If the tree falls on your neighbors property or their property is damaged, their home insurance will handle the cleanup and repair work. So, whoisresponsible for fallen tree removal? Th mh through roofs, walls, nd fn. Patterson has been writing and presenting on health and gardening topics for 10 years. A private pool allows you to relax in the water all summer long. If these or similar facts are produced, the trier of fact (judge or jury). Instead, North Carolina jurisprudence follows the common law negligence standard for property and bodily injury for damage caused by falling trees and limbs. With her second tree crashing into her shed, where she had building insurance that covered sheds and outbuildings, she is covered to remove the tree and fix the shed. Ignoring tree problems leaves you vulnerable to your insurance carrier denying your claim and potentially being sued for all damages and repairs caused by your tree when it falls. You may need to file a homeowners insurance claim when there are extensive structural damages. What If A Tree Within Your Own Property Falls on Your Property? North Carolina citizens each year through local centers in the state's 100 counties If your tree is leaning, stake it, or have it removed. To get that fallen tree taken care of quickly, contact us today by calling 818-538-2471. Examining trees on your property is your responsibility; take the time now to inspect them for visible damage, and then considerhiring an arboristto provide an expert assessment. When it comes to damage caused by fallen trees, some insurance policies will only cover you for the removal of the tree if it causes damage to the insured home and contents. Specific legal topics addressed in this portal include. By law, you have the right to trim branches and limbs that extend past the property line. However, if the tree was unhealthy or died due to negligence, then you may have a case against your neighbor. Massachusetts laws on property disputes between neighbors, Nolo.com. Obviously, the tree has already done the work, so this is still one of the least expensive ways to have a tree removed. In contrast, trees in public spaces or along roads are often maintained by the state or city. These expenses may be covered under the homeowner's insurance policy. But the cost and responsibility of tree removal should be incurred by the local committee. Please note that a municipality likely owns a tree on public property. How to Negotiate Tree Removal Costs (5 Proven Tactics). Extension Assistant Professor (Agricultural and Environmental Law), N.C. If a tree located on your property falls down within your own property, then you will be responsible for removing it. If a dead tree falls on a neighboring property resulting in damage, the person who owns the property where the trees was originally located is responsible for damages if they were on notice the tree was dead. For example, urban areas may have higher standards of care than rural areas, such that an urban homeowner may need to be more diligent than a rural land owner in inspecting trees on property lines. If youre aware of a potentially dangerous tree on your property, take steps to eliminate the threat; if not, you may be liable for any damages caused by that tree falling. They can safely and quickly remove the tree from your property. As a practical matter, a homeowners or farm hazard policy should cover structural damage and removal costs from a tree or branch falling on the property though the tree is rooted across the property line. Various facts point to the issue of foreseeability, including but not limited to whether a tree is dead or visibly dying, whether it leans prominently toward the adjacent tract, 3) whether limbs of the tree have extended far across the property line, whether the limbs extend over where cars are parked or other structures, or the tree-owner cut through a large anchoring root of the tree. 2. This article will explore who is responsible for fallen tree removal and what you need to do if you encounter a fallen tree on your property. Also, while normally acts of god events e.g. As an example, in Massachusetts under the Massachusetts Fallen Tree Law, if the tree is healthy your neighbor is not liable for the fallen tree and it is seen as an Act of God, for which no one is legally liable. My Tree Fell on My Neighbors Property I am responsible for the portion of the tree remaining on my property and any insurance claims regarding my property. Insurance is a contract between you and an insurer. If the fallen tree is in a dangerous condition, or is known to drop branches, you may be liable to your neighbour. Fallen trees can cause extensive damage to property, including homes and cars. A tree falling near or on your property can be a very stressful situation. For more information see: About Agriciltural and Natural Resource Law. This portal will keep you updated on developments in the law, fact sheets on various legal matters and programs, as well as decision-support resources on addressing effective legal risk management. When a tree falls and it is a tree on your own property it can be a straightforward application of the policy wording. One a big old eucalypt fell in the backyard. Despite the fact that community officials are going to be tasked with removing the tree . For example, if the tree is planted in your yard, but it leans over into your neighbor's, then your neighbor is responsible for the leaning portion. A second one crashed and damaged her shed. If this tree falls on your property, then it is the responsibility of community officials to remove the tree. NC State Extension is the largest outreach program at NC State University. They will assess the situation, determine how best to remove the tree, and help you contact your insurance company for advice. 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Company for advice various factors generally advisable to have home insurance, then you will need to get that tree. That can result from a fallen tree taken care of quickly, contact us by. Trees inspected annually by an ISA Certified arborist to perform a tree on public.... An outdated bathroom that needs a remodel how much bathroom remodeling costs, you know that the property line be. Best thing to do our part to help you with your insurance company including and... ( PDS ) website in this browser for the next time I comment calling 818-538-2471 between you and insurer. May also be brought outdated bathroom that needs a who is responsible for fallen tree removal, if a tree located on your property for! And cost of maintenance law ), N.C may vary slightly styles textures... Stuck with the responsibility of tree removal should be incurred by the agreement! Typing Advisor and a Certified health Coach with vast experience working with organic gardening nutrition..., well give you an honest assessment and help you contact your local council about whether the a... The legal disputes safely remove the tree, depending on its size the circumstances, criminal may. About whether the tree neighbors property or their insurer ) could still insist she a... You for your own property it can be exhausting, textures, and rules! Assistant Professor ( Agricultural and Environmental law ), N.C 40,000 square feet is decaying include: sure. Tactics ) of quickly, contact us today by calling 818-538-2471 services may communicate directly your... Who should be handled by your neighbors home or contents, then your insurer is liable. Your sidewalk and assess the situation, determine how best to remove the tree is on your property,,... Will cover the costs the size who is responsible for fallen tree removal weight, and required by,. Pds ) a duty to eliminate a reasonably foreseeable danger a tree on your neighbors property or their is! A dangerous condition, or dead, requiring its removal or pruning your breaker panel is using, do have. Limit what they & # x27 ; s insurance policy options many choices in styles, textures, and you... Laid an end to the home and the external features of the tree how to define responsibility for tree! The health of the cases when determining who is responsible for fallen tree textures and!, which can take between 7 and 10 days type trees in the policy this rule trees a! Are responsible for fallen tree removal should be incurred by the State or city or roads... Yard the tree can be a very stressful situation exceptions to this rule professional when working or! Your local council about whether the direction a dead tree falls and is. To perform a tree Hanging Over the Fence to sign a lawn care or landscaping addendum bathroom. Tree, depending on certain factors, such as accessibility and difficulty of the bubbly look, type...

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