any legal liability experts here (regarding golf..)

[milesgiles]

 

 

long story short, my course is having touble with a boundary with a house and road the other side. 

 

*this is in the uk but there is a good chance the legal principles will be similar in the US or many other places..

 

The course is more than 80 years old. The house is about 40 years old. No issues at all until the last couple of years when the owner of the house starts complaining of a 'lot' of golf balls coming onto his property.

 

Thing is, in 25 years Im not sure Ive seen a single ball that had crossed the boundary there, its a long way off line with a high fence. We all suspect that IF balls are going into his property then someone is doing it deliberately, which is really out of our control 

 

In the uk at least, Ive hardly ever seen a course that doesnt have a road and/or private property adjacent to it. Several Ive played have roads crossing through the middle of holes. Ours is a public course, managed (badly) on behalf of the local council, and they are now determined to shorten the offending hole, which was a tough par 3 over 200 yards, to 140 yards or less and aiming completely away from the road and property.

 

As a club, we strongly object to all of this, what legal ground are we on here? Does the course being there first count for anything? Personally I dont see anything wrong with a well positioned camera and/or a disclaimer/liability sign.. amy thoughts?

[Millbrook]

Generally speaking the course can't be a nuisance as the house came later though that may not stop liability for damage.

 

Your bigger problem is it being council owned and therefore more likely to cave in than offer a robust response.

 

https://www.thetelegraphandargus.co.uk/news/15499255.residents-call-for-action-over-stray-golf-balls-but-club-gives-robust-response/

 

If it were me I would get someone who comes over as sympathetic to go and speak to the house owners - captain, committee member and find out the true extent of the problem, frequency, time of day etc.

 

Hardly likely to be bad drives but I once hit a ball which bounced through wire netting because the ball was smaller than the size of the netting. Have you checked that in case second shots are causing the problem.

 

 

[againstthegrain]

Oh boy, similar deal at Quaker Ridge Golf Club, Scarsdale NY.  It cost the club a ton of money in legal fees, and in the end they spent US$100,000's in mature trees to block the guys backyard from the course, because the Club LOST in court.  I think they moved the tee on the offending hole, as well.  The new owner of the house wouldn't tolerate netting, so he can't see a thing through the new trees all summer from his back yard.  Damn people suck!

 

Yeah get the remote camera and gather some evidence as to the quantity of balls that are leaving the course.  

 

 

Edited November 17, 2021 by againstthegrain