Quote:
Originally Posted by pdnesbitt
2)
....You hit a stray ball into someone’s back yard, then that ball is no longer yours. It’s out of bounds, Club rules say to stay off private property, and state laws prohibit trespassing; it’s gone. I’m a golfer, I have hit balls onto someone’s property before, and I leave it for them. It’s theirs now.
3) Never, ever hit a ball off someone else’s property. I just can’t believe that someone would think it is ok to trespass in someone’s back yard, which is out of bounds, and hit the ball. The next time I see someone doing this I am calling the police and filing charges for trespassing and destruction of private property.
..... We don’t want people walking in our yard disrupting our tranquility any more than you would.
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Well, not exactly.
Law firm experts on Florida statutes:
"Under most circumstances, a person who enters your property without permission is trespassing. This is almost universally against the law. To claim a trespass, you must have warned the trespasser—asking them to stop. To press the claim, there cannot be valid reason for the trespasser’s presence.
Your property rights extend above and below, which means that someone who digs a tunnel under your property, or who flies a kite over your house may actually be guilty—if prosecuted—of trespassing.
Except for a particular instance in Florida
There are some exceptions to the trespass law. Most of them are in the case of an emergency. For example, the police may pursue suspected criminals across your property. You can trespass onto your neighbor’s property to save it if you saw their kitten fall into the pool. These are, for the most part, all practical and easy to understand.
Until you get to golf balls.
Under Florida property and real estate laws, any golf course community must include a section in their deed restrictions, easements, and covenants that allows golfers to retrieve their errant balls on your property.
In plain English, it means that golfers have a legal right—at reasonable times and in a reasonable manner—to come onto your property to retrieve a golf ball. We are unaware of any restrictions pertaining to the loud color of their Bermuda golf shorts contributing to being unreasonable. Just saying.
When I'm on my lanai "enjoying the Florida sunshine and a golf ball lands in my back yard, I tell the golfer just go ahead and get it.