GOLF COURSE LEGAL ISSUES

[mjsw13]

GOLF COURSE LEGAL ISSUES

Afternoon all.

I play at a club where we used to have a 229 yard par 3 opening hole, with the tee right next to the clubhouse windows, and a real test of the nerves any day of the week. A single track road runs parallel to the hole, and about 3 years ago, they knocked down a nursing home (and the massive surrounding leylandii trees) and built a few detached properties and some apartments. Last year, a bungalow owner complained of balls flying into his garden and, on occasion, through his conservatory glass. Since then, we have had a 129 yard chip and run hole instead, due to the ongoing legal argument. I don't know much more than this as it's the business of the club secretary and solicitors, and they're remaining reasonably tight lipped. Various proposals have been offered, increasing the height of the mesh fence (declined by the council), planting tall leylandii trees on the golf course side of the road (declinded by the council) etc etc.

The golf club has been there for over 100 years, the house for 2. It seems really unfair to me, as a golfer, but also from a common sense perspective, that us as members and the clubs many visitors have to play a wedge and putt hole compared to the beastly opener we are used to. Yes it's easier, but it takes a bit of enjoyment away from the round and the pre tee-off sensation is now, almost non-existent. We all hope that the matter can be sorted out ASAP, in our favour obviously.

I was wondering if anyone on here has had any similar experiences, and how did they work out in the end?

Thanks in advance

 

[forefortheday]

I remember reading about a course in America that tried to sue a pig farm owner due to the smell of the pigs (and the fact he played music to them I think).

The judge ruled in favour of the farm for the exact reason you are experiencing.The pig farm had been there for about 50 years and the course about 10.

It's a bit like buying a house next to a motorway and complaining about the noise!

 

[M1tch]

I remember reading about a course in America that tried to sue a pig farm owner due to the smell of the pigs (and the fact he played music to them I think).

The judge ruled in favour of the farm for the exact reason you are experiencing.The pig farm had been there for about 50 years and the course about 10.

It's a bit like buying a house next to a motorway and complaining about the noise!

lol what is the point putting it next to a pig farm !!! some people are clue less

 

[freddielong]

unfortunatley the club will lose this as soon as Health & Saftey gets involved its over.

I used to play a course where the second was a longish (200+yards) par 3 played from a tee on top of a hill, out of bounds and fields tight to the right hand side. Anyway the field became a housing estate and the course had to change (despite the course being there for over 100years the house less than 2). The tee had to move to the bottom of the hill, became a much less daunting 165 yarder and it also had to lose a bunker front left of the green because people occasionly thinned one over.

Good luck with the fight but you may not get the result you want

 

[Doh]

Yes your club will be held responsible if anything happens as a result of someone hitting a golf ball in to the house or garden,

Your club should have raised objections when planning was being sought to have the house built.

 

[Herbie]

I think you may find more too it, there are all sorts of issues come up from this kind of thing.

When anyone launches a missile of any description and it makes contact with person or property you automatically have a responsibility for that. Hitting outside a club boundary will nearly always mean the ball striker, club or both get the bill!
I dont suppose this guys house or garden was built on the clubhouse lawn

 

[USER1999]

I too belonged to a 100 year old club, with a 180 yard downhill par three, over a river to a green near the ob fence. Beautiful golf hole. Then they built houses out the back, and people were thnning wedges into their gardens. The court injunction made the club turn the hole around, so now it is a 180 yard uphill par three. Tougher hole, but not so pretty.

Got my first hole in one their too.

 

[Parmo]

We used to have a beautiful elevated tee on the 1st before my time (still use it on captains drive in and day and other majors), they had to change it as 30 yards right of the hole is a main road, now we have a dogleg left which is still nice but nothing beats a driver or wood on the 1st.

 

[mono217]

Your club looks as it will be held responsible.

 

[rgs]

This particular argument was adjudicated on in Court recently, where a house owner sued the a club over the exact same situation. The house owner made a number of proposals which the club rejected, there was an issue over ownership of a plot of land between the course and the house.

The court ruled the plot of land belonged to the house owner, ordered the club to place better trees and fencing between the course and the house.

 

[viscount17]

unfortunately common sense and length of occupation rarely come into it in these situations. there have been a lot of cases involving among others,
- people moving next to a pig farm then complaining that they have pigs,
- people moving onto the flight path of various airfields and complaining that aircraft kept flying overhead - this caused one RAF station to restrict its night flying.

you will lose this one, though it might be interesting to challenge the council citing that the trees are replacements for those removed - even better if the old ones ever had a preservation order attached.

 

[madandra]

I remember a new housing development in Edinburgh's Tollcross area getting a solicitor to try and Fire engines leaving the station on 999 call outs to keep their blues and twos off until away from the 'town houses'.


What a cheek.

 

[backwoodsman]

Like viscount says, length of occupation will have little to do with it. Near me, a swank block of river-side flats was built next to the corporation dump. Ha, we thought, no-one will buy a flat next to the tip. But they did, and you've guessed it - they went "legal" because it's noisy & smelly and now the tip has to close. Will cost rate-payers (from 4 boroughs) millions & millions to get alternative arrangements.

Back to the course. Plant trees - leylandii if you like - it's sod all to do with the council. The council cannot object - they have no grounds on which they can object.

 

[mjsw13]

Yeah it does look like we'll lose - the best thing, for us, is if they moved away and a golfer bought the property! Used to play at a club in Scotland where a golfer built a house in the 'inside corner' of a dog leg hole - there were balls flying into his garden all the time, so he built two gates so we could all get them back ;-)

I wasn't a member when they got planning permission for these dwellings, so no idea if the club objected. I think the tree planting idea is going to be given another shot, only problem is it's a conservation area with loads of ridiculous rules.

Cheers for the responses.

Will keep ya posted

 

[Yerman]

Only cure for this problem is buy the house!