Damage caused by flying golf balls

summereire

We live next to a golf course and have suffered with broken windows and other property damage as a result of some not-very-good golfers.

Recently I was walking up the path to our place when a ball missed my head by about a foot. I'm now quite concerned as the kids play around this area.

I'm going to go chat with the golf course but just wanted to be prepared and know if anyone else has experience with this and whether they are obliged to fence off their boundary if I ask them to (there's no fence there at the moment).

Thanks very much for any opinions or experience with this!

antocann

summereire wrote: »

I'm going to go chat with the golf course

i dont think it will reply , its just a hunch tho

Zambia

Essentially you want the problem fixed.

How do you think they can fix the problem?

I have seen netting erected for this issue, would that be acceptable to you?

Victor

Who was there first?

axer

Victor wrote: »

Who was there first?

Does that matter?

JohnK

I'd imagine it would matter if the golf course was there first and things went to court. Any judge is going to ask "what did you think was going to happen if you moved in next to a golf course"?

axer

JohnK wrote: »

I'd imagine it would matter if the golf course was there first and things went to court. Any judge is going to ask "what did you think was going to happen if you moved in next to a golf course"?

Surely it would not be expected that golf balls would leave the golf grounds and land in someone else's property. The golf course should be designed so that this does not happen.

JohnK

Well it would probably be more along the lines of a pre-existing condition of the area and if you moved in with knowledge of that then you'd have less of a complaint than if the golf course arrived you did.

Bosco boy

axer wrote: »

Surely it would not be expected that golf balls would leave the golf grounds and land in someone else's property. The golf course should be designed so that this does not happen.

Some golf holes are set up in a way that going out of bounds is the major hazzard of the hole and is designed with this in mind, i think the golf club will work with you on this one, start sending them bills for damage and they will want to sort it out. Golf club committees are made up of ordinary people and are generally reasonable. Most golf clubs pick up the bill for this sort of damage.

Jev/N

Victor wrote: »

Who was there first?

I don't think this should matter if it's a nuisance in question. That is, of course, unless the previous owners/tenants (if any) acquiesced for the requisite period, which I doubt they would have.

You're not gonna come across a judge with a Lord Diplock style view!

doz

As already mentioned, most golf clubs act in a very reasonable manner in such instances, provided you are not actively exposing yourself to the danger (ie) walking out on the course or allowing children onto the course.

Most clubs will pick up the tab for any damage caused and I am aware of instances where clubs put netting or railings up in front of properties to protect them or paid for windows to be repaired. I don't think it really matters whether the house was there before or after the building of the course-most golf clubs will be keen to minimise any such damage occurring and will usually act accordingly.

summereire

Thank you very much for your views on this.

The golf course is there since the beginning of last century, we have owned the place since the 80s but have only recently started developing.

All I'd like them to do is put up some netting/fencing.

There was never any agreement in getting the property about the golf course, nor was I even told it was next door as the the entrance is nowhere near our property, it's the back of the course that is beside us.

There are some trees there which I would have hoped would solve the problem, but the balls go right through the branches with force.

Reloc8

This is something to deal with on a local level by discussion with the Golf Club. Try and include your neighbours also - nets may require planning permission (they would appear to be the solution here). It would be nice to have an agreement in place that the Club would cover property damage and this is not unusual for sports clubs (they farm out the cost back to their members).


You may spend many moons and much moolah trying to get a legal resolution and in the meantime you will have the same problem ongoing.

enda1

I think its a question of safety more-so than property damage from the OP.

I'd imagine that the golf club is required by law to ensure it does not affect the safety of those not on its land. So netting should be quite easy to request of them.

The question from their point will most likely be where to put it. On their side of the trees or on yours (still on their land I guess).

this could be a point of contention.

JCJCJC

summereire wrote: »

We live next to a golf course and have suffered with broken windows and other property damage as a result of some not-very-good golfers.

Recently I was walking up the path to our place when a ball missed my head by about a foot. I'm now quite concerned as the kids play around this area.

I'm going to go chat with the golf course but just wanted to be prepared and know if anyone else has experience with this and whether they are obliged to fence off their boundary if I ask them to (there's no fence there at the moment).

Thanks very much for any opinions or experience with this!

You have a straightforward action in nuisance, its a classic fact pattern. It's no defence to say they were there first. They are interfering with your enjoyment of your lands. Any solicitor will tackle them for you. Keep records, I'd even go so far as to say keep the balls in case you need to exhibit them. This one should be a winner for you.

JC

summereire

Thanks for all your help. I've got LOTS of golf balls as a result :-)

I'll go have a chat with them with the view to getting a proper fence put up which I'm sure they'll be willing to do and then talk to my solicitor if that doesn't work for any reason.

GreeBo

Out of interest, which club is it?
Also are you prepared to have a big green net overlooking your property as thats the standard solution?

summereire

I'd rather not mention the name of the club, but we're in the Kildare area. There are trees there which should hide any nets so that's probably best.

steph1

I think the best way is to write to the Secretary of the golf club concerned and set out the problems that are being caused by golf balls going off course and request that the matter be brought up at their next committee meeting. See what the reply is and if not satisfied with that, arrange to set up a meeting with the committee to discuss the matter.
This is more than likely something which can easily be resolved by erecting netting. Better to sort it out now rather than letting it escalate. I'm sure the golf club concerned would rather this than having claims made against it for damage to property or injuries to people.

summereire

Good points, thank you

steph1

Did you ever get this problem sorted out?

234

Or did it turn into a Miller v Jackson style nightmare?

summereire

Still working on it! These things seem to progress slowly :-)

CantGetNoSleep

234 wrote: »

Or did it turn into a Miller v Jackson style nightmare?

Maybe one day your kids will grow up to play on this fine golf course as per the great old Irish tradition