The Tenczars’ Home on the Golf Course
When the Tenczars purchased their four-bedroom home in 2017, they had no idea that it was located near a left-hand dogleg on the 15th hole of the Indian Pond Country Club in Kingston, Massachusetts. Little did they know that this would be the source of a legal battle that would last for years.
Golf Balls Hitting the Home
Not long after moving in, the Tenczars began to notice that amateur golfers often hit golf balls that stray from the course and hit their home. This resulted in eight broken windows and damage to the siding and deck. The couple was understandably upset and decided to take legal action against the golf club.
The Indian Pond Country Club Lawsuit
The Tenczars sued the Indian Pond Country Club on grounds of civil trespass. They argued that the golf club was responsible for the errant golf balls that were hitting their home and causing damage. After a lengthy legal battle, the Tenczars were initially awarded $3.5 million in damages.
The Tenczars’ Argument
The Tenczars argued that the golf club was negligent in its duty to protect their property from errant golf balls. They argued that the golf club should have taken steps to ensure that golfers were not hitting golf balls in the direction of their home. The Tenczars also argued that the golf club should have taken steps to protect their property from the errant golf balls.
The Golf Club’s Argument
The golf club argued that they had taken steps to protect the Tenczars’ property from errant golf balls. They argued that they had installed netting around the course to prevent golf ballsfrom going off course. They argued that the Tenczars should have been aware that their home was located near a golf course when they purchased it.
The Supreme Judicial Court’s Ruling
The case eventually went to the Supreme Judicial Court of Massachusetts, which ruled that the golf club was not liable for the damage caused by errant golf balls. The court ruled that the Tenczars should have been aware that their home was near a golf course, and that the golf club had taken steps to protect their property from errant golf balls.
The Tenczars’ Post-Ruling Actions
After the ruling, the Tenczars decided to take additional steps to protect their property from errant golf balls. They installed a fence and additional netting around their property, as well as a “Golfers Beware” sign. They also reached out to the golf club and asked for additional protections, such as golf ball-proof windows and an insurance policy to cover the damage caused by errant golf balls.
The Tenczars’ Current Situation
Today, the Tenczars are still living in their home on the golf course, but they are now more aware of the potential risks of living near a golf course. They now take extra precautions to protect their property from errant golf balls, and they areaware of their legal rights when it comes to protecting their property from damage.
Living near a golf course can be a great experience, but it can also come with risks. The Tenczars’ experience serves as a reminder to be aware of the potential risks of living near a golf course, and to take steps to protect your property from errant golf balls. By being aware of the potential risks and taking steps to protect their property, homeowners can enjoy living near a golf course without putting their property at risk.