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  1. #1
    Shotmaker Johnyc is on a distinguished road
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    Home Owners influence on golf courses

    Something that has always irked me and wondering how others feel? Example; golf course has been around for 50 years. Home owner builds a house adjacent to the golf course. Home owner sells home and new owner than begins to complain/threaten golf course due to balls in back yard, etc. And here is where it gets weird for me - despite the golf course having been established long before the homes were present or the new homeowners in place they make changes to the layout to avoid lawsuits, etc.
    I don't think I'll ever get this. Thoughts?

  2. #2
    Golf Pig of the Year 07,08 rpangman is on a distinguished road rpangman's Avatar
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    Quote Originally Posted by Johnyc View Post
    Something that has always irked me and wondering how others feel? Example; golf course has been around for 50 years. Home owner builds a house adjacent to the golf course. Home owner sells home and new owner than begins to complain/threaten golf course due to balls in back yard, etc. And here is where it gets weird for me - despite the golf course having been established long before the homes were present or the new homeowners in place they make changes to the layout to avoid lawsuits, etc.
    I don't think I'll ever get this. Thoughts?
    Makes no sense to me either. Home buyer knew what he was getting into. Put up a net. We see a lot of those on courses in Arizona that wind through houses.

  3. #3
    Amateur BullDog is on a distinguished road BullDog's Avatar
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    I never understood that either. Unfortunately the course owners likely want to avoid the expense of having to potentially defend a lawsuit - however frivolous it may be, and cave much earlier than they want to.

  4. #4
    In the Zone 1800Duffers is on a distinguished road 1800Duffers's Avatar
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    Same thing happens with airplanes/airports.

  5. #5
    Posting Sensei justsomeguy is on a distinguished road
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    Quote Originally Posted by Johnyc View Post
    And here is where it gets weird for me - despite the golf course having been established long before the homes were present or the new homeowners in place they make changes to the layout to avoid lawsuits, etc.
    I don't think I'll ever get this. Thoughts?
    The basic principle is that activities on your property should not impact your neighbour's property. That holds true regardless of who was there first and what is located on each property. After that it becomes an issue of what is "reasonable", which varies in each case according to the circumstances.

    If someone gets one or two golf balls in their yard every month, it is unlikely the course will have to do anything. Stuff happens - it could be another house next door and you'll get stuff in your yard that often. If they get one or two golf balls every day, the course should probably put up a net and consider tweaking the layout. If they get one or two every hour, the course should definitely reconsider the layout.

    Emerald Links changed the layout of the first hole on the East course a number of years ago. There was one house near the green that used to get golf balls in their back yard constantly (like every hour) - I don't know if they complained but I would of if I lived there. The other side of the hole is the driving range, so it was fairly easy and reasonable for the course to move the green and angle the hole away from the house. With 20/20 hindsight, I'm sure the course owners probably agree that they should have done that in the first place.

  6. #6
    Championship Cup atomic is on a distinguished road
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    IIRC, it depends on which came first. If the course is there, and you decide to build on the course, they aren't liable for any damages. If you have a house and they build a course beside you, then they are on the hook. Don't quote me on this in court...I'm no law-talking guy.

  7. #7
    In the Zone 1800Duffers is on a distinguished road 1800Duffers's Avatar
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    I'm pretty sure a golf course isn't responsible for errant golf balls, just the person who shot it. There is a risk when buying on a golf course, just like a flood plain.

  8. #8
    Posting Sensei justsomeguy is on a distinguished road
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    Quote Originally Posted by atomic View Post
    IIRC, it depends on which came first. If the course is there, and you decide to build on the course, they aren't liable for any damages. If you have a house and they build a course beside you, then they are on the hook. Don't quote me on this in court...I'm no law-talking guy.
    First of all, nobody builds a house ON the golf course - they build BESIDE the golf course.

    Secondly, courts have decided many times that it doesn't matter which came first. That is precisely what the OP is complaining about.

  9. #9
    Posting Sensei justsomeguy is on a distinguished road
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    Quote Originally Posted by 1800Duffers View Post
    I'm pretty sure a golf course isn't responsible for errant golf balls, just the person who shot it. There is a risk when buying on a golf course, just like a flood plain.
    Strictly speaking you are correct. However, if the situation is so bad that it happens continually over a long period of time, then courts will usually find that the golf course has some responsibility to mitigate that risk (i.e, put up nets and fences, change the layout, etc.).

  10. #10
    In the Zone 1800Duffers is on a distinguished road 1800Duffers's Avatar
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    I golf regularly at eQuinelle and on #6 hole a new house was recently built closer to the tee box. There is no net, just a chainlink fence.

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