Figuring out the relinquishment of possession rights to non-public belongings hinges on two key components: intent and motion. The proprietor should demonstrably intend to surrender all rights and possession of the merchandise, and this intention have to be accompanied by a bodily act of relinquishment. As an illustration, leaving furnishings on the curb throughout a chosen bulk trash pickup day strongly suggests an intention to desert these objects. Conversely, briefly storing belongings in a buddy’s storage whereas transferring doesn’t signify abandonment, even when the objects stay there for an prolonged interval. The precise standards and timeframes for establishing abandonment can differ based mostly on native and state legal guidelines.
Understanding the authorized definition of property abandonment is essential for a number of causes. It clarifies possession rights, stopping disputes and facilitating the authorized switch of unclaimed property. This data empowers people to guard their property pursuits, guaranteeing they do not inadvertently forfeit possession. Traditionally, property legal guidelines associated to abandonment advanced from the frequent regulation precept of “finders keepers,” which has been considerably refined over time to guard each authentic house owners and subsequent possessors. These authorized frameworks stop unjust enrichment and promote the environment friendly allocation of assets inside society.
The next sections will delve into the specifics of property abandonment, analyzing related laws, the variations between abandonment and different types of relinquishment like loss or misplacement, and the potential authorized ramifications of improperly claiming deserted property. Moreover, the complexities surrounding digital property and mental property within the context of abandonment will probably be addressed.
1. Proprietor’s Intent
Proprietor’s intent serves because the cornerstone in figuring out property abandonment. Abandonment necessitates a transparent and unequivocal intention to relinquish all possession rights and possessory pursuits. This intent have to be demonstrable, which means it may be fairly inferred from the proprietor’s actions and surrounding circumstances. Merely forgetting about an merchandise or leaving it unattended briefly doesn’t represent abandonment. The essential issue is the aware resolution to relinquish possession completely. For instance, discarding a damaged equipment with the trash demonstrates an intent to desert, whereas storing useful heirlooms in a safe storage unit, even for an prolonged interval, doesn’t.
Establishing intent usually depends on circumstantial proof. Leaving a automobile by the aspect of the highway with the keys within the ignition and a “free” signal connected strongly suggests an intent to desert. Conversely, reporting a misplaced pockets to the authorities demonstrates a want to retain possession. The passage of time, whereas an element, isn’t solely determinative. A property proprietor could be unable to retrieve a misplaced merchandise for years, but when demonstrable intent to relinquish possession is absent, the property stays legally theirs. The burden of proving intent rests upon the social gathering claiming abandonment. Clear and convincing proof is required to beat the presumption that house owners retain rights to their property.
Understanding the essential function of proprietor’s intent safeguards property rights and prevents unwarranted claims of abandonment. This precept ensures that momentary relinquishment of possession or unintentional loss doesn’t equate to forfeiture of possession. It supplies a framework for resolving disputes, guaranteeing that choices concerning deserted property are based mostly on goal proof of the proprietor’s intentions, selling equity and authorized readability. The complexities surrounding proving intent spotlight the significance of documenting possession and speaking intentions concerning private property every time potential, significantly in conditions involving long-term storage or switch of possession.
2. Bodily Relinquishment
Bodily relinquishment constitutes a vital element in figuring out property abandonment. Whereas the intent to desert is important, it have to be accompanied by a tangible act of relinquishing possession. This act signifies the proprietor’s severance of bodily management over the property, demonstrating their intention to forgo possession. The character of relinquishment varies relying on the context. Discarding an merchandise in a public trash receptacle constitutes a transparent act of relinquishment. Leaving a automobile on the aspect of a freeway for an prolonged interval, with out clarification or try to retrieve it, equally suggests abandonment. Nonetheless, storing belongings in a rented storage unit, even long-term, doesn’t signify relinquishment, because the proprietor retains management over entry and retrieval. The context and placement of the relinquished property play a big function within the evaluation of abandonment.
Take into account the instance of furnishings left on the curb throughout a chosen neighborhood bulk trash assortment day. This act demonstrates each intent to desert and bodily relinquishment, because the proprietor locations the objects in a location particularly designated for disposal and relinquishes management over their retrieval. Conversely, leaving a toolbox at a buddy’s storage whereas enterprise house repairs doesn’t point out abandonment. Whereas bodily possession is briefly transferred, the proprietor maintains the intent to retrieve the objects and retains management over their final disposition. The essential distinction lies within the mixture of bodily relinquishment with the demonstrable intent to completely forgo possession. Moreover, the placement the place the property is relinquished issues considerably. Leaving useful objects unattended in a public park differs significantly from leaving them with a trusted buddy for safekeeping. The previous suggests relinquishment, whereas the latter signifies continued possession, even with momentary switch of possession.
Understanding the importance of bodily relinquishment, along side intent, supplies readability concerning property possession and facilitates the authorized switch of deserted property. This understanding prevents disputes arising from ambiguous conditions, guaranteeing that momentary transfers of possession are usually not misconstrued as abandonment. Recognizing the function of bodily relinquishment protects property house owners from inadvertently shedding their rights whereas offering a framework for the professional acquisition of genuinely deserted objects. This framework promotes equity and effectivity within the allocation of assets, minimizing the potential for authorized conflicts and guaranteeing that the disposition of property aligns with the proprietor’s demonstrated intentions.
3. Location of Property
The placement the place property is left performs a big function in figuring out abandonment. Property found on public land, corresponding to a park or roadside, is extra more likely to be deemed deserted than property left on non-public property. Leaving an merchandise on somebody’s doorstep or of their yard does not essentially represent abandonment, because it might be interpreted as an try to ship or reward the merchandise. Equally, property left inside a rented storage unit, whereas bodily relinquished, is not thought of deserted because of the ongoing contractual settlement and expectation of retrieval. Context issues considerably; a sofa left on a curb throughout a scheduled bulk trash pickup alerts abandonment, whereas the identical sofa left beside a dumpster in a non-designated space may not. The visibility and accessibility of the placement additionally issue into the dedication; property left in a readily seen and accessible public area is extra more likely to be thought of deserted than property hidden or tough to entry. For instance, a bicycle locked to a public bike rack for months, with none contact data, suggests abandonment, whereas a locked storage container in a distant space presents a much less clear-cut case.
Totally different authorized requirements might apply to property discovered on public versus non-public land. Publicly discovered property would possibly fall below “finders keepers” legal guidelines, topic to particular laws, whereas property discovered on non-public land typically stays below the management of the landowner. The placement impacts the burden of proof concerning abandonment. Property left in clearly public areas shifts the burden in the direction of the unique proprietor to reveal intent to retrieve, whereas property left in quasi-public or non-public areas requires stronger proof of abandonment from the social gathering claiming it. This distinction safeguards towards unwarranted claims of abandonment and protects property house owners’ rights. Take into account a state of affairs the place a useful portray is found in a dumpster behind an artwork gallery. Whereas seemingly discarded, the gallery proprietor may argue unintentional disposal or momentary storage, highlighting the significance of location in decoding abandonment.
Understanding the connection between location and abandonment supplies a sensible framework for assessing and resolving property disputes. This consciousness helps people shield their property rights by selecting applicable storage and disposal strategies. Moreover, it clarifies the authorized implications for many who uncover misplaced or doubtlessly deserted property, fostering accountable dealing with of discovered objects. Challenges stay in instances involving uncommon areas or ambiguous circumstances, underscoring the necessity for complete authorized steerage in complicated conditions. In the end, an intensive understanding of how location influences the dedication of abandonment is important for navigating the authorized panorama of property possession and selling honest and equitable outcomes.
4. Period of Abandonment
The length for which property is relinquished performs a vital function in figuring out abandonment. Whereas intent and bodily relinquishment are important, the passage of time strengthens the inference of abandonment. A brief length might recommend momentary misplacement or loss, whereas prolonged durations, particularly along side different components, solidify the presumption of intentional relinquishment. Understanding the interaction between length and different parts of abandonment is vital for establishing clear possession rights and facilitating the authorized switch of unclaimed property.
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Brief-Time period Relinquishment
Transient durations of unattended property not often point out abandonment. Leaving a purchasing bag on a retailer counter whereas looking different aisles, or a jacket on a restaurant chair, are examples of momentary relinquishment, not abandonment. Retrieval inside an affordable timeframe additional reinforces the proprietor’s continued declare. The context and placement are vital in these conditions. A briefcase left unattended in a busy airport terminal for a couple of minutes raises safety considerations however does not equate to abandonment, whereas leaving the identical briefcase unattended for days would possibly.
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Lengthy-Time period Relinquishment
Prolonged durations of relinquishment considerably strengthen the case for abandonment. A automobile left on the aspect of the highway for months, with out registration or makes an attempt at retrieval, strongly suggests abandonment. Equally, furnishings left in a vacant lot for years, uncovered to the weather, factors in the direction of intentional relinquishment. The longer the length, the upper the evidentiary worth supporting abandonment. Nonetheless, even in long-term instances, countervailing proof, corresponding to saved possession paperwork or ongoing storage funds, can refute abandonment.
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Statutory Timeframes
Many jurisdictions have established statutory timeframes that affect the dedication of deserted property. These legal guidelines usually pertain to particular classes of property, corresponding to deserted automobiles or financial institution accounts. These timeframes present a authorized framework for transferring possession after an outlined interval of inactivity or relinquishment. Assembly these statutory necessities simplifies the method of claiming deserted property, offering readability and effectivity within the authorized switch of possession. Understanding these authorized frameworks is essential for each house owners and people looking for to say deserted property.
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Contextual Concerns
The importance of length is all the time evaluated inside the broader context of the state of affairs. A ship left unattended on a lake for every week in the course of the low season differs considerably from a ship left unattended in the identical location throughout peak season. Equally, storing household heirlooms in a grandparent’s attic for many years, even with out common entry, does not robotically represent abandonment. The encircling circumstances, together with the kind of property, its location, and the proprietor’s actions, all contribute to a complete understanding of the length’s relevance in figuring out abandonment.
The length of relinquishment supplies vital context in figuring out property abandonment. Whereas not solely determinative, prolonged durations considerably improve the chance of abandonment, particularly when coupled with different components like bodily relinquishment and demonstrable intent. Understanding the interaction of those parts, inside their particular context, is important for establishing clear possession and navigating the authorized complexities of deserted property.
5. Native and State Legal guidelines
Authorized frameworks governing deserted property differ considerably throughout jurisdictions. Native and state legal guidelines outline particular standards for figuring out abandonment, together with the required length of relinquishment, crucial actions for claiming deserted property, and procedures for disposing of unclaimed objects. Understanding these authorized nuances is essential for figuring out whether or not property has been legally deserted and for navigating the method of buying or disposing of such property. These laws purpose to steadiness the rights of authentic house owners with the environment friendly use of assets and the prevention of blight.
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Statutory Timeframes
State legal guidelines usually prescribe particular timeframes for various kinds of property to be thought of deserted. Deserted automobiles, for instance, could be topic to shorter durations than deserted actual property. These statutory durations present a transparent authorized benchmark for figuring out abandonment, streamlining the method for authorities and people to reclaim or get rid of deserted objects. For instance, one state would possibly outline an deserted automobile as one left unattended on public property for 72 hours, whereas one other state would possibly set the timeframe at 48 hours.
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Notification Necessities
Some jurisdictions mandate notification makes an attempt earlier than property may be legally deemed deserted. This would possibly contain contacting the final recognized proprietor, posting notices on the property, or publishing bulletins in native newspapers. These necessities purpose to offer house owners with an affordable alternative to reclaim their property earlier than it is thought of deserted. As an illustration, a metropolis ordinance would possibly require posting a discover on an deserted bicycle for a particular interval earlier than town can legally take away it.
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Due Diligence Processes
Legal guidelines incessantly define due diligence processes that people or entities should observe when claiming deserted property. This will likely embrace conducting title searches, verifying possession historical past, or demonstrating affordable efforts to find the unique proprietor. These processes shield towards fraudulent claims and be certain that deserted property is acquired legally and ethically. For instance, somebody claiming an deserted piece of land would possibly must conduct a title search to substantiate no different social gathering holds a sound declare.
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Disposal Procedures
Native and state laws sometimes dictate particular procedures for the disposal of unclaimed or deserted property. These procedures would possibly contain public auctions, donations to charitable organizations, or disposal in designated landfills. These laws guarantee accountable and clear dealing with of deserted property, maximizing its potential worth whereas minimizing environmental impression. As an illustration, unclaimed objects in a storage unit could be auctioned off after a particular interval, with the proceeds used to cowl excellent storage charges.
Navigating the authorized complexities of deserted property requires an intensive understanding of relevant native and state legal guidelines. These laws present a framework for figuring out abandonment, outlining crucial procedures for claiming and disposing of unclaimed objects, and balancing the rights of authentic house owners with the environment friendly allocation of assets. Failure to adjust to these legal guidelines may end up in authorized challenges and potential penalties, highlighting the significance of looking for knowledgeable recommendation when coping with doubtlessly deserted property.
6. Lack of Reclamation Efforts
An proprietor’s failure to reclaim doubtlessly deserted property strengthens the argument for abandonment. Whereas not conclusive by itself, an absence of effort to retrieve or preserve contact with relinquished objects considerably contributes to the general evaluation of abandonment. The length and nature of this lack of effort, mixed with different components corresponding to intent and placement, present essential context for figuring out whether or not the property has been actually deserted. This precept reinforces the notion that abandonment includes each a bodily and psychological relinquishment of possession rights.
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Ignoring Retrieval Alternatives
Failing to retrieve property regardless of clear alternatives to take action reinforces the presumption of abandonment. As an illustration, if a home-owner leaves furnishings on the curb throughout a scheduled bulk trash pickup after which ignores subsequent municipal notices concerning its elimination, this inaction strengthens the case for abandonment. Conversely, actively contacting the municipality to elucidate a delayed retrieval demonstrates continued possession curiosity. The readability and frequency of those retrieval alternatives affect the load assigned to lack of reclamation efforts.
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Absence of Contact or Inquiry
A scarcity of contact or inquiry concerning doubtlessly deserted property, particularly over prolonged durations, suggests a diminished curiosity in reclaiming possession. If somebody shops a automobile at a buddy’s property for years with none communication about its standing or retrieval plans, this absence of contact contributes to the impression of abandonment. Conversely, common communication, even when retrieval is delayed, demonstrates continued possession intent. The convenience of potential contact and the anticipated communication norms inside the particular relationship affect the interpretation of this lack of contact.
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Failure to Preserve or Protect
Neglecting to take care of or protect property left in one other’s care can point out an intention to desert. For instance, if somebody leaves a ship at a marina for a number of seasons with out paying docking charges or performing crucial upkeep, this failure to protect the property suggests abandonment. Conversely, arranging for ongoing upkeep or storage funds, even when retrieval is delayed, demonstrates continued possession curiosity. The kind of property and the anticipated upkeep necessities affect how this issue contributes to an abandonment dedication.
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Unresponsiveness to Official Notices
Failing to reply to official notifications concerning doubtlessly deserted property reinforces the presumption of abandonment. If a authorities company sends licensed letters to the final recognized tackle of a automobile proprietor concerning its deserted standing, and the proprietor does not reply, this lack of response helps a discovering of abandonment. Conversely, responding to such notices and outlining retrieval plans demonstrates continued possession intent. The readability, formality, and supply methodology of those official notices affect the importance of unresponsiveness.
Lack of reclamation efforts, whereas not solely definitive, supplies compelling proof in figuring out property abandonment. Mixed with different components corresponding to intent, bodily relinquishment, location, and length, it considerably strengthens the case for abandonment. This precept highlights the significance of proactive communication and demonstrable actions to claim possession rights and forestall unintentional forfeiture of property.
7. Circumstantial Proof
Circumstantial proof performs a pivotal function in figuring out property abandonment, usually serving as the first technique of inferring an proprietor’s intent. Since direct proof of intent isn’t accessible, courts and authorized professionals rely closely on circumstantial proof to reconstruct the circumstances surrounding the relinquished property. This proof contains observable information and circumstances from which a person’s intent may be fairly deduced. The burden assigned to circumstantial proof depends upon its relevance, probative worth, and the general context of the state of affairs. A single piece of circumstantial proof could be inadequate, however a convergence of a number of components can create a compelling case for abandonment. As an illustration, a dusty, cobweb-covered suitcase left in a resort foyer for months, accompanied by a observe disclaiming possession, constitutes stronger circumstantial proof of abandonment than merely discovering the suitcase unattended for just a few hours.
A number of kinds of circumstantial proof contribute to abandonment determinations. The situation of the property, its location, and the length of relinquishment are key issues. A dilapidated automobile left on blocks in a secluded space for years suggests abandonment, whereas a well-maintained automobile parked briefly in a public parking zone doesn’t. Written or verbal statements by the proprietor, witness testimonies, and the presence of different belongings close to the relinquished property additionally function useful circumstantial proof. A observe explicitly disclaiming possession or witnesses observing the proprietor discarding the property strengthens the argument for abandonment. Conversely, proof of ongoing storage funds or makes an attempt to find the property weakens the abandonment declare. The probative worth of every piece of proof depends upon its direct connection to the proprietor’s intent and actions. A “on the market” signal on a automobile parked on non-public property suggests an intent to promote, not abandon, whereas a “free” signal suggests the other.
Understanding the importance of circumstantial proof is essential for safeguarding property rights and navigating authorized disputes associated to deserted property. Correct documentation, communication of intent, and accountable disposal practices decrease ambiguity and cut back reliance on circumstantial interpretations. Whereas challenges stay in evaluating circumstantial proof objectively, its function in property abandonment instances underscores the necessity for cautious consideration of all related components and the significance of looking for authorized counsel when navigating complicated conditions. The convergence of a number of items of circumstantial proof, every contributing to a cohesive narrative of intentional relinquishment, supplies the strongest basis for figuring out property abandonment and guaranteeing honest and simply authorized outcomes.
Regularly Requested Questions About Deserted Property
This part addresses frequent inquiries concerning the authorized definition and sensible implications of deserted private property. Readability on these factors is important for safeguarding property rights and resolving potential disputes.
Query 1: Does leaving an merchandise unattended for a brief interval represent abandonment?
No, transient durations of unattended property sometimes don’t represent abandonment. Abandonment requires demonstrable intent to relinquish possession, mixed with bodily relinquishment. Quickly leaving a coat on a restaurant chair, as an example, doesn’t signify abandonment.
Query 2: How does the placement of relinquished property affect the dedication of abandonment?
Location performs a vital function. Property left on public land, like a park bench, is extra more likely to be thought of deserted than property left on non-public property or inside a rented storage unit. Context is important; an merchandise left on a curb throughout a chosen trash assortment alerts abandonment in a different way than the identical merchandise left beside a dumpster in a non-designated space. The visibility and accessibility of the placement additionally issue into the dedication.
Query 3: What function does the passage of time play in establishing abandonment?
Period strengthens the inference of abandonment. Brief-term relinquishment suggests momentary misplacement, whereas prolonged durations, particularly coupled with different components like lack of reclamation efforts, reinforce the presumption of intentional relinquishment. Many jurisdictions have statutory timeframes influencing the dedication of abandonment for particular property varieties like automobiles or financial institution accounts.
Query 4: If an proprietor verbally disclaims possession, is that ample to ascertain abandonment?
Whereas verbal disclaimers contribute to the general evaluation, they don’t seem to be all the time conclusive on their very own. They have to be thought of alongside different proof corresponding to bodily relinquishment, length of relinquishment, and the circumstances surrounding the disclaimer. A documented, witnessed verbal disclaimer carries extra weight than an unsubstantiated declare of a verbal disclaimer.
Query 5: How does one legally declare deserted property?
Procedures differ by jurisdiction. Native and state legal guidelines dictate particular processes for claiming deserted property, usually involving notification necessities, due diligence processes to find the unique proprietor, and formal procedures for transferring possession. Adhering to those authorized frameworks is essential for buying authorized title to deserted property and avoiding potential disputes.
Query 6: What occurs to deserted property that isn’t claimed?
Unclaimed deserted property is usually topic to particular disposal procedures outlined in native and state laws. This would possibly contain public auctions, donations to charitable organizations, or disposal in designated landfills. The precise process depends upon the kind of property and the related authorized framework.
Understanding these incessantly requested questions supplies a basis for navigating the authorized complexities of deserted property. Nonetheless, particular circumstances require cautious consideration of all related components and session with authorized professionals when crucial.
This text will additional discover the sensible implications of deserted property, together with particular examples and case research demonstrating how these rules apply in real-world eventualities.
Sensible Ideas Relating to Property Abandonment
Navigating the complexities of deserted property requires cautious consideration of authorized rules and sensible methods. The next suggestions provide steerage for each property house owners and people encountering doubtlessly deserted objects.
Tip 1: Doc Possession and Intent
Sustaining clear documentation of property possession, together with buy receipts, titles, and registration data, simplifies the method of reclaiming misplaced or misplaced objects and prevents misinterpretations of abandonment. Written declarations of intent concerning long-term storage or momentary relinquishment additional make clear possession standing and decrease potential disputes.
Tip 2: Talk Frequently Relating to Saved Property
Common communication with people holding saved property demonstrates continued possession curiosity and prevents the looks of abandonment. Periodic check-ins, updates on retrieval plans, and documented agreements concerning storage preparations assist keep away from misunderstandings and shield possession rights.
Tip 3: Perceive Native Laws and Statutory Timeframes
Familiarization with native ordinances and state legal guidelines concerning deserted property is essential. Consciousness of particular timeframes, notification necessities, and disposal procedures ensures compliance and facilitates the authorized acquisition or disposal of deserted objects. Researching related statutes and consulting with authorized professionals supplies readability and minimizes authorized dangers.
Tip 4: Train Due Diligence When Claiming Deserted Property
Completely analysis the possession historical past of doubtless deserted property earlier than claiming it. Conduct title searches, confirm registration data, and try to find the unique proprietor by affordable means. This due diligence protects towards inadvertent acquisition of stolen property or infringement on present possession rights.
Tip 5: Eliminate Undesirable Property Responsibly
Make the most of designated disposal strategies for undesirable objects to keep away from creating conditions that might be misconstrued as abandonment. Donating to charitable organizations, using licensed recycling facilities, or collaborating in designated bulk trash assortment applications ensures correct disposal and prevents authorized issues.
Tip 6: Search Authorized Counsel When Needed
Seek the advice of with authorized professionals when coping with complicated or high-value deserted property conditions. Authorized experience supplies readability on particular authorized necessities, assists in navigating disputes, and ensures compliance with related laws, defending particular person rights and minimizing potential liabilities.
By implementing these sensible suggestions, people can shield their property rights, keep away from unintentional abandonment, and navigate the authorized complexities related to deserted property responsibly and successfully.
This text will now conclude with a abstract of key takeaways and a dialogue of future traits associated to property abandonment within the digital age.
When Is Private Property Thought of Deserted
Establishing abandonment hinges on the confluence of intent and motion. Demonstrable intent to relinquish all rights and possession, coupled with a bodily act of relinquishment, varieties the core of this dedication. Period, location, and lack of reclamation efforts present essential context. Native and state statutes add additional specificity, outlining required timeframes and procedures. Circumstantial proof, fastidiously weighed and interpreted, bridges the hole between observable actions and inferred intent, enjoying a vital function in resolving ambiguous conditions. Understanding these components safeguards property rights and facilitates the authorized switch of unclaimed property.
Navigating the complexities of deserted property requires diligent consideration to authorized frameworks and sensible issues. Cautious documentation, proactive communication, and accountable disposal practices mitigate dangers and forestall unintentional abandonment. As societal norms and technological landscapes evolve, authorized interpretations of property abandonment should adapt to deal with rising challenges, significantly regarding digital property and intangible property. Continued engagement with these evolving authorized frameworks stays essential for safeguarding particular person rights and selling equitable outcomes within the realm of property possession.
