Step 1: Buy house next to golf course

by Walter Olson on November 16, 2012

Step 2: Sue golf course because balls land constantly on your property. Step 3: Lose lawsuit. [Ravalli, Mont., Republic]

{ 5 comments }

1 gasman 11.16.12 at 5:11 pm

Just because patrons of the golf course routinely trespassed on the land that would become their home in the past, does not establish a perpetual right of the golf course to use their yard as an extension of the golf course.

The golf course is receiving economic benefit from the trespass; it did not have to purchase sufficient land surrounding it originally to act as buffer for the known hazard of golf balls leaving the field of play.

2 smart dude 11.17.12 at 11:17 am

A common sense, common law judge.

3 Melvin H. 11.17.12 at 12:00 pm

That argument sounds like someone buying a house close to a busy airport, thencomplaining about the noise. Caveat emptor—the buyer should know, or should have known, that before buying.

4 mike 11.20.12 at 1:15 pm

Gasman said : The golf course did not purchase sufficient land surrounding it to act as buffer for the known hazard of golf balls leaving the field of play.

How about this: The homeowner did not purchase enough land surrounding his house to act as a buffer for the known hazard of golf balls leaving the nearby golfcourse……..

5 Mark D. White 11.21.12 at 9:00 am

“Hey, look, a nuisance–I think I’ll go to it.”

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