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| the golf war |

 

While the lifestyle on a golf estate may seem idyllic to most of us, do not be fooled as even perfect situations have the potential of turning sour. The recent judgment of Allaclas Investments (Pty) Ltd v Milnerton Golf Club, bears testament to problems encountered on golf estates.

 

The Appellants purchased a property adjacent to the Milnerton Golf Club, and at all times it was marketed as a golf estate. The Appellants built a house and moved in, sometime March 2003. While one would assume, as the saying goes, they all lived happily ever after, this was not the case. Stray golf balls soon shattered any dreams of the perfect lifestyle they thought they had bought into.

 

The property was situated just 60m to 80m from the centre of the fairway, approximately 185 m from the tee of the 6^th hole. This distance as well as the fact that the house was within the 15 degree zone in the perceived line of play meant that stray balls become an everyday occurrence. In an effort to curb the problem the Golf Club planted trees, and instructed that the par 6 hole must be played as a par 4 hole except on Wednesdays and Saturdays. The Appellants were still not happy, and the Golf club erected a 4,7m high net fence around the property. The Appellants remained unimpressed and litigation ensued.

 

Over a two year period the appellants collected 875 balls on their property. An application was brought to the Cape Town High Court for an interdict preventing the Golf Club from using the hole until the problem had been rectified. The application was not granted. On appeal to the SCA, the court held that the sheer number of balls which the Appellant had found on his property was unreasonable and excessive and obviously impeded the appellant’s use of the property. The appeal was upheld with costs.

 

The Golf club was instructed to set up a number of barriers, preferably trees or see-through netting, just in front of and to the right of the tee. This would stop virtually all balls which were hit at an angle and which would have otherwise landed in the appellant’s property. Hopefully this will have the desired effect, and the appellants may finally be able to live in peace.

 

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delport ward & pienaar

attorneys, notaries &  conveyancers
1st floor - cornerstone house

16 loop street

cape town

8001

 

telephone, cape town
+27-21-419.3733

 

telefax, general
+27-21-419.3743

 

telefax, conveyancing
+27-21-425.6782

 

telefax, collections dept
+27-21-421.6625

 

telephone, london
+44-20-8133.0337

 

telephone, washington dc
+1-202-657.6733

 

telephone, hong kong
+852-8139.7374

 

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1st floor - cornerstone house, 16 loop street, cape town | docex 600, cpt | t, +27-21-4193733 | f, +27-21-4193743

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