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MIAMILAW1127
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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There is a semi-rusted 2m x 2m steel shed on a concrete base

Customer Question

There is a semi-rusted 2m x 2m steel shed on a concrete base at the back of our section, approximately 60cm from the boundary. It was there when we purchased the property .. and we believe that it is pre 1991 Building Code (as our property was developed in 1986) .. but there are no documents or receipts for the work. Our neighbour is claiming that it is an unlawful construction (being so close to the boundary)... and has asked us to "prove" it was installed pre 1991 otherwise he will inform the council.
Who has the onus of proof? If it goes to the Council, do we need to prove it was pre-1991 or does he need to prove it wasn't.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 4 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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You would have the burden of proving that it was there prior to the 1991 Building Code.

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