There are some real estate surprises that are actual shocks — oh, look, someone covered up some nice built-in shelves! — but then there are things that shouldn’t be seen as out of the ordinary. A couple in Montana bought a home nestled along the 18th hole of a golf course and subsequently sued the golf club and the county because they were annoyed at golf balls landing in their yard. Again, they bought a home basically on a golf course where there will no doubt be golf balls flying everywhere.
The couple sued in 2011 alleging trespass, nuisance and breach of duty after they said 1,300 balls landed on their lawn during one season, reports the Ravalli Republic.
But a judge sided with the rest of us, who are probably thinking, “Uh, duh.” He said it shouldn’t have come as a shock to the couple, especially because they’re both golfers and know how the game works. You hit a ball in the air, and sometimes it doesn’t go where you want it to.
“Each of these persons knew or easily should have seen the mis-location of the footprint of the [couple's] home before they purchased the home next to the 18th fairway,” he ruled. “[The couple] had – and failed to fulfill – their independent duty to see what was plainly apparent before purchasing this piece of real estate.”
The judge noted that both side of the dispute had acknowledged that golf balls had been a presence on the property ever since the hole opened in 1979. Why they thought it would suddenly stop when they moved in is anyone’s guess.
Judge sides with golf course in lawsuit [Ravalli Republic]