Legal Question in Real Estate Law in Washington
Damages
I have a golf driving range neighbor slowly destroying some large oaks from the flight of customers golf balls. The neighboring golf operation is not of sufficient size and is not netted to a proper height. They also trespass to pickup the golf balls. This also prohibits the safe use and mantenance of our neighboring parcel. Cause(s) of action?
1 Answer from Attorneys
Re: Damages
Trespass. Possibly timber trespass as well if a tree expert will attest that the damage to the trees is caused by the golf balls.
Treble damages and attorney fees. Have you talked with your municipality (County or City) regarding the insufficiency of the netting? They *may* have some liablity as well.
Or not; it's hard to tell without reviewing the situation and the local rules very closely, which I cannot do in this forum.
You might want to talk to a local lawyer who understands real property and PI issues. This is the sort of case that a lawyer could take (maybe) on a contingency plan, as there is a fee-shifting mechanism in the relevant statute.
Hope this helps. Elizabeth Powell
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