Thursday, August 16, 2012

Operative effect of statutory headings?

On Sep 11, 7:07 am, hifi...@gmail.com wrote:
> To cut to the chase, below is the bylaw in my Massachusetts town.  The
> title excludes single and two-family structures from this particular
> law.  Is the title legally part of the law, or just considered
> informational.  Could text of the law, which does not mention the
> exclusion, be applied to such structures?

Impossible to tell just from this one snippet.

Are there other sections of the code specifically dealing with nonconforming single and two-family structures?

Is there a section of the code that provides definitions and/or that specifically states whether the titles are considered part of the text or merely informative?

And most importantly, what is your factual situation and the result you want to achieve?    The approach of the law often differs depending on which side of it you are on, with regard to things such as legal presumptions, burden of proof and persuasion.   That's what is usually meant by aphorisms such as "possession is nine points of the law."

So, are you trying to prevent someone with a single family home in your neighborhood from making an addition?   Are you a homeowner who wants to make an addition yourself?  How is it that you _want_ the law to apply, or not apply?   Knowing _all_ the relevant facts, and _all_ the pertinent law, i.e. how your factual situation fits into the entire statutory scheme, will help you figure out how to get from point A to point B.   If you can't do that on your own, you may want to consult and hire a lawyer.

--
This posting is for discussion purposes, not professional advice.
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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
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