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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22560
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We are a well established golf course and next door a developer

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We are a well established golf course and next door a developer is building houses. We are being advised we will need to alter our course in order to try and stop golf balls going over the boundry fence and hitting those houses. It will cost our club to alter the holes affected.
What is the situation regarding a new development and an established golf course?
Will we be just made to alter our course as the developers have all the rights?

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

Your club has the primary responsibility to ensure the driven balls do not damage property. But I can understand why you consider that you have existing use rights because this is a new development.

christhelawyer :

So if they undertake the development they need to approach yuou with perhaps either a contribution for the costs, or your suggestion about the high fence may have to be used, which is an option they may find unappealling

christhelawyer :

But they cannot force you to alter your course.

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