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Window broken by errant golf ball yesterday

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  #181  
Old 11-02-2023, 09:42 AM
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dewilson58 dewilson58 is offline
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Originally Posted by lesbunning View Post
Its not a question of who was there first. The question is whether you can use your land in a manner that creates a nuisance for a neighbouring property owner. Usually the liability rests with the golf course owner but in many cases the golf course is built first and the golf course owner then sells lots to homebuilders. There is usually a covenant in the sale of the lots that prevents the golf course owner being liable for damages by errant golf balls.
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  #182  
Old 11-02-2023, 10:47 AM
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Originally Posted by blueash View Post
I HATE it when posters completely fail to tell the correct story.
The verdict was overturned on appeal and what everyone here is saying applied.


“Errant golf balls are to golf what foul balls and errors are to baseball. They are a natural part of the game,” Kafker wrote. “They demonstrate the difficulty and challenge of the sport even for the very best players. Despite practice, instruction, technological improvements, and even good golf course design and operation—disputed in the instant case—golf shots go awry, as a matter of course.”



Not sure if matter of "course" was meant as a pun
Pretty sure Justice Kafker was indeed making a pun.
  #183  
Old 11-03-2023, 08:27 AM
Robbb Robbb is offline
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Originally Posted by zummy View Post
Our bedroom window was broken by an errant golf ball
Your golf course facing home probably tripled in value over the past year, I would think that has to balance the negatives of living on a course a bit.
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