Courses That Are Surrounded by Houses. Who's Responsible for the Damage?

[SEMI_Duffer]

25 minutes ago, ChiTown said:

I thought that in this case the homeowners bought the property before the golf course was built.

According to what @iacas posted: The declaration of covenants and restrictions was amended in 2001.  The owners bought the property in 2017, at which point "... their deed expressly incorporated restrictions and easements of record that were in force."

There's a large subdivision not far from me that tried a similar stunt with a gun club.  When the club added additional shooting facilities, the sub tried to stop them.  They were told "The club was there when you bought your property.  They have the right to use their property.  You knew, or should have known, what you were getting into.  Go pound sand."

Edited August 19, 2023 by SEMI_Duffer

[ChiTown]

23 minutes ago, SEMI_Duffer said:

According to what @iacas posted: The declaration of covenants and restrictions was amended in 2001.  The owners bought the property in 2017, at which point "... their deed expressly incorporated restrictions and easements of record that were in force."

There's a large subdivision not far from me that tried a similar stunt with a gun club.  When the club added additional shooting facilities, the sub tried to stop them.  They were told "The club was there when you bought your property.  They have the right to use their property.  You knew, or should have known, what you were getting into.  Go pound sand."

Ah okay. For some reason I thought the subdivision was developed prior to the golf course, and the court reversed the trial court decision on an error related to the interpretation of the easement. That said I don’t have copies of decisions opinions etc. just random news items. And it’s fair to say that news sources don’t necessarily interpret legal work appropriately