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05-25-2017 07:27 PM #1
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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?
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05-26-2017 12:51 AM #2
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05-27-2017 07:44 PM #3
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.
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05-29-2017 08:41 AM #4
Same thing happens with airplanes/airports.
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05-29-2017 10:25 AM #5
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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.
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05-29-2017 11:41 AM #6
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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.
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05-29-2017 12:01 PM #7
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.
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05-29-2017 01:48 PM #8
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05-29-2017 01:50 PM #9
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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.).
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05-29-2017 04:55 PM #10
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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