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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117370
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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How to establish that a non conforming use was on property

Customer Question

How to establish that a non conforming use was on property 51 years ago if no public record exists.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In the absence of records, you have to show this through witness testimony. So you would need to get affidavits from neighbors or prior owners or anyone else who can attest by their first hand knowledge that the non-conforming use was present back as far as you can go with them. This is proving the non-conforming use through circumstantial evidence to show that it has been there on the property for a long time. You can also use old photographs if they exist to help prove the existence of the non-conforming use back throughout history for a period of time.