Legal Question in Real Estate Law in Pennsylvania

Damage from golf course neighbor

I have lived in my home for almost 30 years. Five years ago my neighboring farm built a golf course. Since then I have had broken windows, a broken glass patio table. On numerous occasions I or members of my family have almost been hit by flying golf balls. I have spoken to the owner, and he tells me that he has no responsibility - I must catch the golfers. I say that he has a legal responsibility to operate a safe business that does not endanger neighbors. Sooner or later someone on my my property will get hit and injured. I have asked him to install some netting next to the one Tee where most of the balls come from, but he has refused saying there is no money. He feels that he is legally exempt from any responsibility.

Do I have any legal right to force him to shield my property from these errant balls, especially since I was there first.

Also, if someone gets hit and injured, and the golfer ''disappears'', can I successfully sue the golf course owner?

Thank you,

Ducking in PA


Asked on 4/26/05, 3:47 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Damage from golf course neighbor

I think you have a case on a couple of different theories. One, it is a private nuisance to your property. Two, the damage was caused by the use of his property. I would suggest contacting an attorney to demand netting be installed and that the damages you have suffered are paid for. I offer free consultations.

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Answered on 4/26/05, 4:27 pm
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Damage from golf course neighbor

My first recommendation is that you retain legal counsel to contact the golf course owner. A call and a letter from an attorney should get the job done here, but if this fails you do have a viable civil case against the Golf Course and you could cause them some significant headaches which I am sure they would wish to avoid.

My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

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Answered on 4/29/05, 10:08 am


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