Anybody wanna play 17 holes today?

[LyleG]

Originally Posted by BrandonM7

I preferred him in Joe Dirt.

His speech to little Butch in pulp fiction takes the cake, and eats it!

[Pa Jayhawk]

Originally Posted by DaveE

When we went inside and started looking around we were all impressed and I remember asking myself how this house could not have sold at the asking price.

And then........BOOM!!!!

When we looked at our house, we saw similar instances and we specifically mentioned that while we did not mind living in a golf community as we do, we did not want to be within range of any stray balls.

Which our old house was across a lake, a street, and 3 houses down from the course. We used to find balls in the street on occasion and even played with a guy that managed to slice one off the roof of a neighbors house at the end of the street. It was literally about 150 yards wide of the edge of the lake, in which even finding the lake was a bad shot.

I just see things like this and it seems clear the guy had never Golfed prior to buying the house if he didn't expect what he got. Kinda like buy a house next to an airport without having ever flown on a plane. EAARTHHHHQUAKEEEE

[Highdraw34]

Originally Posted by DaveE

Just for fun I'm going to take the other side.

It sounds like he didn't really have a problem until the course cut down some big trees that protected his house and yard. Wouldn't that be like buying the house on the highway and then having the state remove the concrete barriers that protected your home?

Just saying.

On the other hand, if he was really concerned for his kids he should have put up a net. Then if he wanted to go to court he could have sued for the cost of the net instead of having the hole closed.

I'm leaning a bit towards the plantiff myself. If you buy a house and your neighbor is say a javelin thrower. If he or she throws a javelin in your yard by accident and it hits you, who's fault is it. It's easy to say "don't live near a golf course if you don't want golf balls in your yard" but that is crap. If you buy property and your property is damaged by someone else's property coming onto your property then it is that persons fault. Because it is a country club I'm sure the responsibility is on the club not the golfer as part of the initiation fee. I think the club should have to take any measure to prevent the problems persistence.

It also reminds me of the US Open they had at WF a while back. I remember the broadcasters making a big deal about the quality of golfer at the course. Saying a huge majority of the golfers are low single digit cappers. I'm starting to wonder about that now.

[ClairefromClare]

Originally Posted by Highdraw34

I'm leaning a bit towards the plantiff myself. If you buy a house and your neighbor is say a javelin thrower. If he or she throws a javelin in your yard by accident and it hits you, who's fault is it. It's easy to say "don't live near a golf course if you don't want golf balls in your yard" but that is crap. If you buy property and your property is damaged by someone else's property coming onto your property then it is that persons fault. Because it is a country club I'm sure the responsibility is on the club not the golfer as part of the initiation fee. I think the club should have to take any measure to prevent the problems persistence.

Would you say the same about all those folks who move next to an airport and then complain about the noise? Unlike javelin throwers, golf courses and airports are pretty darn obvious neighbors. Their presense ought to be figured into the purchase price.

[JEFF4i]

Originally Posted by Highdraw34

I'm leaning a bit towards the plantiff myself. If you buy a house and your neighbor is say a javelin thrower. If he or she throws a javelin in your yard by accident and it hits you, who's fault is it. It's easy to say "don't live near a golf course if you don't want golf balls in your yard" but that is crap. If you buy property and your property is damaged by someone else's property coming onto your property then it is that persons fault. Because it is a country club I'm sure the responsibility is on the club not the golfer as part of the initiation fee. I think the club should have to take any measure to prevent the problems persistence.

It also reminds me of the US Open they had at WF a while back. I remember the broadcasters making a big deal about the quality of golfer at the course. Saying a huge majority of the golfers are low single digit cappers. I'm starting to wonder about that now.

Actually not, I'm afraid. Not sure how it is there, but in my home state, and most states, if you so much as drive near a golf course, and a golf ball hits you, there is no liability. You knew the risk beforehand, could have avoided it, and didn't. Mistakes happen, grow up, whine less.

In this instance this jagoff knew exactly what he was getting himself into, and if they offered to replace what had changed, no sweat.

Greed is a disgusting color on most people.

Originally Posted by ClairefromClare

Would you say the same about all those folks who move next to an airport and then complain about the noise? Unlike javelin throwers, golf courses and airports are pretty darn obvious neighbors. Their presense ought to be figured into the purchase price.

I'm with Claire here.

And that scares me.

[Pa Jayhawk]

Originally Posted by Highdraw34

I'm leaning a bit towards the plantiff myself. If you buy a house and your neighbor is say a javelin thrower. If he or she throws a javelin in your yard by accident and it hits you, who's fault is it.

I'm not sure I view this issue as a matter of "fault" so much as "Common Knowledge". For which if it is a matter of fault, I am guessing there is something done in relation to the course that places the golfer at fault, and that was discussed in detail here.
OH !@#$!!!!

In a sense of common knowledge, I view it no differently than the two examples I provided regarding a highway or an airport.

Not that I really want to argue the point, but I would probably feel he would have more recourse if he owned property and then the course was laid down around his property, although that would require more info from the township and the circumstances. Just like I may feel sorry for a guy who owns property, and the state comes in and lays down a highway. Not that I am sure he would still have recourse in the issue.

To buy property in an area where you have common knowledge of the circumstances surrounding the property such as a Highway, an Airport, a high crime rate, lousy schools, or in this case a golf course kind of falls under the same category and in the person not adequately research the circumstances. I certainly wouldn't expect a judge to satisfy any of those complaints for the sole sake of satisfying one circumstance. As mentioned earlier, if I owned the house next door I would be filing suit against the guy for knowingly harming my property value.

edit 1 - ... and as mentioned earlier as well. Should this give the course adequate legal precedence to ask to build a 40 foot wall around the guys house? That seems to be the precedence when they build a highway in a guys back yard. Do you really think the guy would be happy if they did? Again, he appears to be asking for a resolution that will only come at the harm to his neighbors and not himself.

[ClairefromClare]

Originally Posted by JEFF4i

I'm with Claire here.

And that scares me.

Me too! I thought hanging with MC was scary enough!

[MCDavis]

Originally Posted by ClairefromClare

Me too! I thought hanging with MC was thrilling enough!

Fixed that for you, sweetie!!

[ClairefromClare]

Originally Posted by MCDavis

Fixed that for you, sweetie!!

You're all heart. Which is the nicest way to put it.

[mddubya]

In an attempt to get back on track here, I live in a golf community, and they, the owners of the course and Condos, pay for any damages done by errant shots. But they own the buildings as well as the course.

In the case of a house built on a course, I don't really think the Golf course should be responsible. The homeowner knew he was moving next to a golf course. If he didn't, he doesn't have enough sense to own a home anyway. My guess is, he is behind on his mortgage and needs to win this lawsuit to play catch up on his bills.