Hi, Pete, My name is XXXXX XXXXX I will be assisting you with your question today. My goal is to provided you with Excellent Service,
I am sorry to hear about the flooding of your property,
Every property owner has a right to the quiet enjoyment of their property and to alter or change the natural landscaping of their property, as long as such alteration or change does not cause damage to adjoining property.
If the pond were not manmade, but rather was a natural feature of the golf course, there would probably be little that you could do about the flooding onto your property and damaging your basement or any other structure. However, that is not the case here. Here, the pond was manmade to accommodate the needs of golfers. Therefore, the owner(s) of the golf course, whether they are an individual or a corporation, owed you a duty to see to it that their alteration of their landscaping did not interfere with your enjoyment of your property and also that it did not cause damage to your landscaping or cause damage to any structure on your property.
You should notify them in writing and send them at least two estimates for the repair of the damage done by their pond flooding. I hope that they are reasonable and agree to pay for all necessary repairs caused by the flooding of their pond and to do something with the pond so that you do not suffer the same damage again. If they do not cooperate, you will have to file a lawsuit to assert your rights, but do not worry because this is a case where there is no question of their liability to you,
I wish you the best,
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Let me see what I can find, Pete, and I will be back to you,
It does not matter that the pond was there before your house was built. It matters that the gold club made the pond - it was man made and the result is that it damages property around them.
Contrary to what most people think, we do not have laws for every possible contingency and there is no Statute for your particular situation. Their liability is based on a negligence theory,
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