You hit your ball into someone's front/back yard... Do you retrieve your golf ball?

[Duff McGee]

That seems reasonable. Are there any potential legal issues? Like if you got injured on their property and such?

They need to put a fence up or not live on a golf course. And yes I'm being flippant but that is because I'm an attorney and this is actually a far more complicated issue than it seems and, in the end, the likelihood is that you are fine going onto the property and getting your ball. Hopping a fence is another story. So to those of you taking a strict interpretation of what you deem trespass law, would you not go into your neighbor's front yard to get a football that bounced over when you are out in the street playing catch on Thanksgiving?

[Mac62]

Quote:

Originally Posted by Lihu

That seems reasonable. Are there any potential legal issues? Like if you got injured on their property and such?

They need to put a fence up or not live on a golf course. And yes I'm being flippant but that is because I'm an attorney and this is actually a far more complicated issue than it seems and, in the end, the likelihood is that you are fine going onto the property and getting your ball.

Hopping a fence is another story.

So to those of you taking a strict interpretation of what you deem trespass law, would you not go into your neighbor's front yard to get a football that bounced over when you are out in the street playing catch on Thanksgiving?

See post #25.  I explained my position on it.  Neighbors probably wouldn't mind if it was once a year on Thanksgiving.  They may mind if you and your friends are going into their yard 20-30 times a day, every day of the year.

[Duff McGee]

See post #25.  I explained my position on it.  Neighbors probably wouldn't mind if it was once a year on Thanksgiving.  They may mind if you and your friends are going into their yard 20-30 times a day, every day of the year.

That is beside the point.

[boogielicious]

Quote:

Originally Posted by Lihu

That seems reasonable. Are there any potential legal issues? Like if you got injured on their property and such?

They need to put a fence up or not live on a golf course. And yes I'm being flippant but that is because I'm an attorney and this is actually a far more complicated issue than it seems and, in the end, the likelihood is that you are fine going onto the property and getting your ball.

Hopping a fence is another story.

So to those of you taking a strict interpretation of what you deem trespass law, would you not go into your neighbor's front yard to get a football that bounced over when you are out in the street playing catch on Thanksgiving?

Would you apply Pierson v. Post to this? The homeowner doesn't own the ball. I would argue they do not have the right to claim your property (ball).

[acetoolguy]

I'm talking about places where the backyard is the fairway by the way.

This never happens. You are either on the golf course or you are on someone else's property. There is no gray area where you are on both.

[David in FL]

FWIW, my folks have lived on a course for almost 20 years. While there are a very few exceptions, the VAST majority of people don't mind if a golfer retrieves a ball if they do it quickly and respectfully. No digging through the bushes or flower beds, but a quick walk in and back out. Better than running them over with the lawn mower!

[RichWW2]

If there are only out of bounds stakes and my ball is within arms reach I'll grab it. Outside of that it's gone.

[Grumpter]

I'm surprised more don't look for their out of bounds balls. I grew up on a golf course and we never minded people looking for their lost balls as long as they didn't linger and were respectful of the property. Eventually we would tell people it was OK to look for their ball but told them not to bring their clubs into the yard because so many meatheads would try to play their shot from our yard or meatheads that got testy and would start threatening you will brandishing a club.

Unless there is a fence or privacy signs I will always look for my ball. If people are sitting outside I apologize and ask if they saw a ball come into the yard. I have yet to have someone get upset that I was looking for a lost ball as long as I didn't linger a long time. Where I am it is rare to be on a course without a lot of reachable out of bounds. If you have a home right next to a course it comes with the territory though some refuse to accept it.

[RGoosen]

^ Makes perfect sense to me. According to the poll on here 78% of golfers would retrieve their ball.

[Duff McGee]

Would you apply Pierson v. Post to this? The homeowner doesn't own the ball. I would argue they do not have the right to claim your property (ball).

Nice reference! Bringing me back to 1L year here. No it wouldn't become their property as far as I know unless there are specific golf laws on this topic, which I doubt.

[Duff McGee]

This never happens. You are either on the golf course or you are on someone else's property. There is no gray area where you are on both.

And I've already said I don't care. It's a ridiculous notion that you should not retrieve your ball beyond the stakes when it is right there. Now if you have to disrupt anything at all, then yeah, don't get it. Like if it's back in a garden and you'd have to step on flowers or something. Edit: sorry it is too late to "double quote." I just remembered that that is a rule around here.

[Avalanche]

Quote:

Originally Posted by Duff McGee

Quote:

Originally Posted by Lihu

That seems reasonable. Are there any potential legal issues? Like if you got injured on their property and such?

They need to put a fence up or not live on a golf course. And yes I'm being flippant but that is because I'm an attorney and this is actually a far more complicated issue than it seems and, in the end, the likelihood is that you are fine going onto the property and getting your ball.

Hopping a fence is another story.

So to those of you taking a strict interpretation of what you deem trespass law, would you not go into your neighbor's front yard to get a football that bounced over when you are out in the street playing catch on Thanksgiving?

Would you apply Pierson v. Post to this? The homeowner doesn't own the ball. I would argue they do not have the right to claim your property (ball).

Ha ha!  I think Pierson v. Post would apply only if your tee shots are incredibly wild and unpredictable.  Like a wild animal. LINK

On a serious note, if a homeowner claims ownership of balls that land in his yard would he forego any damages for the ball that crashes through his window?  Seems like you can't have it both ways.

[dkolo]

Ha ha!  I think Pierson v. Post would apply only if your tee shots are incredibly wild and unpredictable.  Like a wild animal.  LINK

On a serious note, if a homeowner claims ownership of balls that land in his yard would he forego any damages for the ball that crashes through his window?  Seems like you can't have it both ways.

Sure he could. He sues you for using his property (the ball) to damage his house, haha.

[boogielicious]

[quote name="boogielicious" url="/t/83989/you-hit-your-ball-into-someones-front-back-yard-do-you-retrieve-your-golf-ball/30#post_1189677"]Would you apply Pierson v. Post to this? The homeowner doesn't own the ball. I would argue they do not have the right to claim your property (ball).

Nice reference! Bringing me back to 1L year here. No it wouldn't become their property as far as I know unless there are specific golf laws on this topic, which I doubt.[/quote] My wife is a lawyer. I remember testing her before the bar and this one stuck in my head. Still it is an interesting Property Law question. They don't own the ball but are restricting you from recovery. What if it was something else like a golf club that someone stole and dropped in their yard while fleeing the course. Could they keep you from recovering that?

[Duff McGee]

My wife is a lawyer. I remember testing her before the bar and this one stuck in my head. Still it is an interesting Property Law question. They don't own the ball but are restricting you from recovery. What if it was something else like a golf club that someone stole and dropped in their yard while fleeing the course. Could they keep you from recovering that?

Exactly. Or your child goes into her mom's jewelry box and takes out her diamond necklace and throws it over the neighbor's fence. You could call the police for conversion or sue for the tort of conversion.

[RGoosen]

Those that live on a golf course and would complain about someone retrieving a golf ball within 10 feet of your property line are just plain silly and in the minority. For the 90% of us that are reasonable this doesn't apply. For the other 10% please take a laxative, put up a fence, get a guard dog, or buy another house that is in no danger of a stray golf ball entering your property.

[ghalfaire]

Would you apply Pierson v. Post to this? The homeowner doesn't own the ball. I would argue they do not have the right to claim your property (ball).

You're correct the ball doesn't belong to the home owner but you voluntarily put in on their property and probably owe them rent.  I guess I am not so sure who owns the ball now that I think about.  Isn't possession 9/10 of the law and the golfer did voluntarily send the golf ball into the homeowner's back yard.

But in my case, as stated earlier, I just throw the ball back to the golfer if I happen to be in the yard and if not I put it in a bucket and when full I give to the course for their kids programs.

[boogielicious]

Quote:

Originally Posted by boogielicious

Would you apply Pierson v. Post to this? The homeowner doesn't own the ball. I would argue they do not have the right to claim your property (ball).

You're correct the ball doesn't belong to the home owner but you voluntarily put in on their property and probably owe them rent.  I guess I am not so sure who owns the ball now that I think about.  Isn't possession 9/10 of the law and the golfer did voluntarily send the golf ball into the homeowner's back yard.

But in my case, as stated earlier, I just throw the ball back to the golfer if I happen to be in the yard and if not I put it in a bucket and when full I give to the course for their kids programs.

I think that only applies to something that was not owned by either party before. If you drop a club on the course, the course doesn't own the club even though they may have picked it up. It is still your club.