[Sparky99]

This just wrong. Take it down.

[golfing eagles]

Originally Posted by Taltarzac725

Statutes & Constitution :View Statutes : Online Sunshine Statutes & Constitution
:View Statutes
:

Online Sunshine


Probably not legally. It is more complicated than the above statute but it is a good start.

I just read through my deed restrictions, covenants and easements and there is nothing mentioning retrieval of golf balls either way.

So here's an interesting question best answered by a lawyer (hint hint)

From Peytonbolin, law firm specializing in Florida real estate law:

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.

Most property owners have minimal fencing because they don't want to block the view. If your lot is fenced or walled, a golfer is generally required to ask your permission before they enter. Otherwise, they're legally allowed to trespass and retrieve their ball.

I'm not a lawyer, but I do believe that state law trumps anything written in a yellow box on golfthevillages.com.

Also, if that chain is a "fence", then a golfer would need permission to come onto the property, but in turn the property owner is in violation of the "no-fence" deed restriction.

[defrey12]

Originally Posted by Fredster

IMO, doesn’t look like a fence to me.
Plus it sure doesn’t look like it’s strung around the home!
'

The law may see it as a fence, going to the INTENT of the person who placed it. In this case, it looks like a fence--a structure designed to keep others out. I would question whether it's even their property? The trees likely aren't. I see a lawsuit waiting to happen...and it's not going to be for trespassing.

[Taltarzac725]

Originally Posted by golfing eagles

I just read through my deed restrictions, covenants and easements and there is nothing mentioning retrieval of golf balls either way.

So here's an interesting question best answered by a lawyer (hint hint)

From Peytonbolin, law firm specializing in Florida real estate law:

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.

Most property owners have minimal fencing because they don't want to block the view. If your lot is fenced or walled, a golfer is generally required to ask your permission before they enter. Otherwise, they're legally allowed to trespass and retrieve their ball.

I'm not a lawyer, but I do believe that state law trumps anything written in a yellow box on golfthevillages.com.

Also, if that chain is a "fence", then a golfer would need permission to come onto the property, but in turn the property owner is in violation of the "no-fence" deed restriction.

We lived next to what was called Mountain Shadows Golf Course in Rohnert Park, CA. We would usually just throw the golf ball out onto the green but we did have a fence in the backyard as we had a dog and a cat who liked to go into the back yard.


It is now Foxtail Golf Club - Rohnert Park, CA.

[golfing eagles]

Originally Posted by Taltarzac725

We lived next to what was called Mountain Shadows Golf Course in Rohnert Park, CA. We would usually just throw the golf ball out onto the green but we did have a fence in the backyard as we had a dog and a cat who liked to go into the back yard.

The site also mentioned that Florida's law on this subject differs from most other states.

[Taltarzac725]

Originally Posted by golfing eagles

The site also mentioned that Florida's law on this subject differs from most other states.

I was just saying I can relate as we did get golf balls hitting the roof on occasion but think we had something to keep them from hitting the windows out back.

All the homes that had back yards bordering the golf course had fences. Some had swimming pools which are an attractive nuisance for kids and others.

Understanding Florida Attractive Nuisance Laws - Lesser, Landy, Smith & Siegel, PLLC


That "fence" might be an attractive nuisance as kids might want to swing on it.

[rustyp]

An invisible fence triggering the sprinkler system is more aesthetically pleasing and effective.

[maggie1]

Originally Posted by OrangeBlossomBaby

I dunno, it looks like a chain attached to two trees, to me. No fence post, no wall of chain-link, no netting. What's it called when you go to a theatre to watch a show, and they have the entry to the seating area roped off? Is that called a fence? I don't think it is. This appears to be on a similar vein, except with a chain instead of a rope. I would call that "a chain between two trees."

This concludes my Master Class in Fencing vs. A Chain Between Two Trees.

Naw, it’s an updated version of “crime scene” tape.

[BrianL99]

Originally Posted by golfing eagles

Also, if that chain is a "fence", then a golfer would need permission to come onto the property, but in turn the property owner is in violation of the "no-fence" deed restriction.

There you go. That's my question.

The issue of whether the homeowner is a jerk, is not in question in my opinion.

[golfing eagles]

Originally Posted by rustyp

An invisible fence triggering the sprinkler system is more aesthetically pleasing and effective.

And when a police officer triggers that system you might not be "aesthetically pleased"

[BrianL99]

Originally Posted by defrey12

The law may see it as a fence, going to the INTENT of the person who placed it. In this case, it looks like a fence--a structure designed to keep others out. I would question whether it's even their property? The trees likely aren't. I see a lawsuit waiting to happen...and it's not going to be for trespassing.

Based on the location of the "white stakes", the trees are completely on the homeowner's property.

[maggie1]

Originally Posted by margaretmattson

Perhaps the owners have small grandchildren visiting. The kids want to play outside. The "fence" does not appear to be a permanent attachment. Maybe just a tool to keep the kids safe and deter them from entering the golf course?

I’m thinkin’ an invisible fence and shock collars would be more effective.

[golfing eagles]

Originally Posted by BrianL99

There you go. That's my question.

The issue of whether the homeowner is a jerk, is not in question in my opinion.

Of course he's a jerk, and he has company on other courses. No idea why people like this buy golf front properties. I like the sign on the right side of Fort Walton #3---"feel free to retrieve your golf ball".

[sdeikenberry]

Originally Posted by npwalters

I do not live on a golf course but if I did I would not want people in my yard either. If you hit into their yard just call it a lost ball.

Are you a golfer? Respectfully I’m guessing not. Living on a golf course comes with some unwritten understandings…and one of them is golfers will retrieve their OB balls. It’s no different than many other things that come with living in certain places.

[sdeikenberry]

Originally Posted by npwalters

I do not live on a golf course but if I did I would not want people in my yard either. If you hit into their yard just call it a lost ball.

Are you a golfer? Respectfully I’m guessing not. Living on a golf course comes with some unwritten understandings…and one of them is golfers will retrieve their OB balls. It’s no different than many other things that come with living in certain places.