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Old 05-30-2019, 10:19 AM   #47
Lanny_McDonald
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Quote:
Originally Posted by CorsiHockeyLeague View Post
I don't think anyone else was confused. But then, I don't think anyone else was dumb enough to think that there might be criminal law implications from having your drive hook off into someone's yard, so they probably hadn't put their mind to that.
Not quite. Others asked similar questions that required clarification.

Quote:
Originally Posted by Tron_fdc View Post
OK, so dumb it down for me.

If I smash a house with my drive, can I tell the home owner to beat it when they come outside?

What are the parameters that allow for me to laugh and walk away?
Quote:
Originally Posted by DuffMan View Post
wouldn't putting a golf ball through somebody's window be the same as throwing a rock through somebody's window. I mean, besides intentions it is still the same property damage.
You had opportunity and failed to provide such clarification. Only Makarov provided any clarification on the division, and there is still some lack of clarity there. Instead you provided the same smug incomplete answer you always do and then provided a case that was ultimately unrelated to the question the OP presented. Markarov has provided some actual useful information in the discussion. You, not so much, even though your claims to authority. So how about we make this really easy and have you approach some basic scenarios with advice as to how the law works to protect individuals, property, and what course of action each have.

Scenario One: An individual buys a house on a golf course. The course was already there when the individual purchased the home. The house is struck by an errant golf ball. The owner has no idea where the shot came from or who struck the ball. What course of action does the home owner have? What action or responsibility does the golfer hold? What responsibility does the golf course hold?

Scenario Two: An individual buys a house on a golf course. The course was already there when the individual purchased the home. The house is struck by an errant golf ball. The owner has no idea where the shot came from or who struck the ball but observes a foursome pass by almost immediately after. What course of action does the home owner have? What action or responsibility does the golfer hold? What responsibility does the golf course hold?

Scenario Three: An individual buys a house on a golf course. The course was already there when the individual purchased the home. The house is struck by an errant golf ball. The owner can identify the group where the shot came from but is unclear on who struck the ball. What course of action does the home owner have? What action or responsibility does the golfer hold? What responsibility does the golf course hold?

Scenario Four: An individual buys a house on a golf course. The course was already there when the individual purchased the home. The house is struck by an errant golf ball. The owner has seen who struck the ball, but has no other witnesses other than those who are in the foursome. What course of action does the home owner have? What action or responsibility does the golfer hold? What responsibility does the golf course hold?

Scenario Five: An individual buys a house on a golf course. The course was already there when the individual purchased the home. The house is struck by a golf ball hit intentionally in line with the home. The owner knows who struck the ball but has no other witnesses. What course of action does the home owner have? What action or responsibility does the golfer hold? What responsibility does the golf course hold?

What applicable laws exist that owners should be aware of. Could their HOA rules impact or limit their actions? Is there potential criminal action in any of these scenarios? What is the best legal course of action for a home owner in protecting their property?

I think this will ultimately answer the OP's question and do a great service to all in understanding the issue.
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