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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32320
Experience:  Began practicing law in 1992
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I purchased a home - spent 79,000 upgraded golf course lot.

Customer Question

i purchased a home - spent 79,000 for a upgraded golf course lot. I added a lanai to it - I am unable to sit outside on my lanai or have my screen doors open from the hours of 6:30 pM - 11PM . They have put on the golf course sprinkler system which sprays right into the palm froms to make a horrific sound that you can not hear anything or anyone if you wanted to listen to you tv on your lanai or in you home. Cant sit outside and have dinner or use fire pit as you will get wet from the spray of the sprinklers - we asked the golf course to run theses sprinklers after midnite and they said that the computer system is too complex to change. Do I have recourse to obtain my money back for this expensive lot that I can not use as I work and by the time I get home it is unusable and I can not use my newly added on 15,000 lanai and 4,000 firepit not to mention all my furniture that is now getting wet on a nitely sprinkling that they can easily address? Do I have any rights here?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Was the sprinkler system already there when you purchased the home?

Customer: replied 1 year ago.
i do not know as it only started to run over the last month
Customer: replied 1 year ago.
i have been in my home since dec 22 , 2014
Expert:  Dwayne B. replied 1 year ago.

There is a cause of action that could, potentially, help you although it is by no means guaranteed.

The cause of action is known as "nuisance" and it is really judged by a reasonableness standard. So, for instance, if you bought a home on the golf course and then complained about the noise of the golfers or that a golf ball hit your house occasionally you likely wouldn't succeed. Under your facts, however, it may be different, particularly if they started this after you bought your house and there really is no reason that they couldn't run the sprinklers a little later.

As to the furniture being wet, that's a little harder to win on since obviously they have to water their grass but at the same time there would have to be a limit on how much water they could direct into your yard.

What I'd suggest you do is visit with a local lawyer who does civil litigation (you can find one at www.lawyers.com) and ask them to write a cease and desist letter or a demand letter asking the golf course to change the timers or advising that you will have to file suit.

You wouldn't be able to make them give you your money back on the lot, but the measure of damages is the amount that their actions decrease the value of the property or, alternatively, you may be able to get a judge to order them to change the timing, direction of the spray, etc.

When you go to see the lawyer bring your paperwork from the purchase of the house, any video or audio you can shoot that shows what's happening, a map or something showing how your lot is placed in relation to the course (you can print it off of Google Earth/Maps), etc.

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