Hi, Pete, My name is XXXXX XXXXX X 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,
If I have not Answered your question completely, please use the "Reply" button to let me know and I will be glad to explain further,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
Bonus and Positive Feedback on survey is very much appreciated,
I see that you have had the opportunity to review my Answer. Is there something that I can clarify for you? If not, please be kind enough to rate my service to you so that I can receive credit for researching your question and furnishing you with Answers and information, otherwise, I will not receive credit for assisting you, and that would not be fair to me. The deposit you made is with JustAnswer and it will not cost you anything additional to rate my service to you, but without a rating, I do not receive credit for my time and effort. Thank you for understanding,
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,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).