Golfer responsibility

Alec Scott Rose

I don't practice in Florida, and I recommend that you speak to an experienced property law attorney. Generally speaking, there is no right to trespass on private land. From your question, however, it is possible that your house is part of a golf course community, and it is possible that your CC&Rs grant an easement to the golf course and its users to enter your land for limited purposes. It is also possible that the golf course management has posted rules which require golfers to respect your privacy.

John Alexander Willis

The simple anwer to your question is "yes" it is a trespass. However, your best remedy is probably against the golf course and not the trespassing golfer. You can probably prevent golfers from entering your property by erecting a fence and posting a "no trespass" sign. Florida law provides that "living on a golf course and living with golf balls necessarily go hand-in-hand. The issue here is whether [you] are being subjected to more than a reasonable exposure to golfballs and what steps, if any, would be appropriate to remedy this problem. Bechhold v. Mariner Properties, Inc. 576 So.2d 921 (Fla. 2d DCA 1991). If the number of trespassers is high you may have a case for private nuisance against the golf course. My suggestion is that you take all reasonable steps you can to prevent the trespasses and that you notify the golf course that they need to do the same. If this does not resolve the problem, you should seek to retain an attorney to discuss a case for private nuisance against the Golf Course.

Will Murphy

A security camera trained on your own property might provide valuable evidence, especially of the bad conduct that sometimes follows your requests that they return to the course. If you can show the golf course that certain golfers are behaving badly and are about to create a problem for everyone, they might get rid of those golfers. I agree with a prior answerer who suggested a fence might be worth the expense.