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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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I purchased a golf course home 3 years ago, during a recent

Customer Question

I purchased a golf course home 3 years ago, during a recent home inspection it was revealed that I had a pipe burst behind the kitchen sink cabinet, about even with the subflooring, and was 2.5 feel long. During the cleanup/restoration process, it was discovered that there looks to be water coming in from the golf course.....but we are at a high point on the lot.
Last night (2.5 weeks later) we awoke to the sound of water pounding our deck, fence, windows, and siding - mind you it is 85-100 degrees here and dry as a bone. I went outside to discover that the golf course sprinkler was drenching my home - first and second story, the trees on the course that are well-overgrown over our property line and the yard/deck. This explains a lot, as the deck is rotted, and algae covered in the area where this happens, as well as the deck section that is being hit. The windows have had most of the paint stripped off of the trim, and the upstairs windows have standing water in the tracks after this activity. bot***** *****ne, I think the siding is rotting, the deck and fence are rotten, and the windows are taking a beating. It also has ruined the grass - the moss has choked it out, no matter what I do.
Please advise the best way to address this - it is a private course, and we are not members.
Thank you.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry you are dealing with this situation. While there are certain risks inherent living on a golf course, having a sprinkler head destroy property and cause damage is not one of them. First, the golf course should be notified that its sprinkler head is hitting your house and deck and has cause damage. While the extent of the damage is unknown at this point (that is the cost to repair) demand that the sprinkler head be adjusted to avoid hitting your house.

You may wish to discuss the damage with your insurance company as well. If the insurance will cover the claim they will then go after the golf course for reimbursement of the cost to repair and your deductible.

If insurance will not cover the claim, to hold the golf course liable you will need to get bids to repair the damage and either have the damage fixed then sue the golf course or sue the golf course first based on estimated bids. The law suit would be based on a negligence claim (but for the golf course sprinklers, your property would not be damaged).

Hopefully, when you give notice to the golf course about the sprinkler head they will be reasonable and admit fault and pay for the damage caused by the course's sprinkler. If not, then contact your homeowner's insurance and if the damage is not covered, then you have a valid basis for a lawsuit against the golf course.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

Expert:  J. Warren replied 11 months ago.

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