The house I grew up in was on a street called Golf Avenue. No house on the street had a view of the golf course. In fact, the street dead ended into a large, nicely landscaped privacy fence behind which was a parking lot for the city course. Interesting marketing! Nonetheless, the golf course played a large role in my life. It provided all of the neighborhood children with perfect snow sledding hills in the winter and a constant source of income in the summer. We spent hours collecting balls from the woods near the fairways and set up shop on Saturdays near the green on the first hole where we sold the balls back to the golfers for twenty five cents each. Our parents told us that the ponds and streams had live electrical wires running through them which would electrocute us if we so much as put a foot into them. I still marvel that my brother survived. As teenagers, the course was the perfect place for other pursuits on a summer night. With the explosion of interest in golf and advent of growth of golf communities, the relationship between golf courses and people living adjacent to them has become a little more complicated. Before buying a house which is either in such a community or which sits on the course itself you should keep several issues in mind.
Relationship to the Golf Course
When looking at a house which is on or near a golf course you need to ask a lot of questions! What is the relationship between you and the course? Can you even use the course? If so, on what terms? Sometimes the entity which developed the subdivision retains ownership of the golf course and runs it as a public course which allows people to pay and play. Other times it is operated as a private club. As an owner, you may have the right to join the club and use the course, but what will that cost? There are some communities in which the restrictive covenants require you to join a privately owned golf club when you purchase property in the community. This is definitely something you want to know up front. Is the course an amenity owned by your homeowners association? If so, what does it cost to operate it and are there adequate reserves? Remember, what the sales agent tells you may or may not be true with regard to your legal relationship to the course and your right to use it! Sales agents are generally representing the builder and may have only superficial or in some cases completely incorrect information about the golf course. Visit the club house and find a knowledgeable representative of the golf course owner or operator who can answer your questions.
Who Owns What?
There are often interesting property line issues associated with property adjacent to a golf course. Golf courses often install Out of Bounds markers along or near the boundary with adjacent property. To a golfer, these markers mean that the ball cannot be played from beyond the marker. Even though most players know the rules and will take a stroke and drop a ball inbounds to resume play, it does not mean that a golfer will not go into that area and look for an expensive ball! Keep in mind that the Out of Bounds markers may or may not be the property line. Many owners of homes adjacent to golf courses complain about golfers in their yards, on their patios, in their garden beds looking for balls! Owners may or may not be able to install fences, some restrictive covenants may prohibit them, or limit the style and/or height of the fence. Many golf courses snake their way throughout a community and there can be easements for golf carts across an owner’s property. This may become a maintenance issue as well as a trash issue, as inconsiderate golfers may leave wrappers or cans along the way instead of depositing them in proper trash receptacles. Finally, be aware that there may be non-disturb buffer areas on an owner’s property. While some golf courses have wide open vistas from the houses overlooking the golf courses, some golf course designers value a more wooded and natural look. In conjunction with these designs, there may be twenty five or even fifty foot strips on an owner’s lot upon which an owner cannot cut trees or clear vegetation. Be sure you know both where the property line is and whether there are non-disturb buffers which have been reserved.
Will the course be there forever?
If the homeowners association does not own the golf course, are there restrictions on the property which would prevent it from being developed in the future as homes, a school or a shopping center? In Knight v. City of Albuquerque, 794 P.2d 739 (1990), a court prevented the City of Albuquerque and the developer of the subdivision from using the golf course, which was shown on the subdivision plat, for other purposes even though the developer had reserved the right to build other phases of homes on the golf course property in the restrictive covenants. That court held that the developer had induced people to buy lots by representing that there would be a golf course and that to then retain the power to alter that use would be unfair and violate public policy. Similarly, in Shalimar Association v. D.O.C. Enterprises, Ltd., 688 P.2d 682 (1984), a court prevented the alternative development of a golf course by a subsequent owner of the golf course property until 2025 because the course was shown on a plat and sales materials stated that the golf course would be maintained until 2000 with an additional provision that there could be a twenty five year extension. Georgia has a strong tradition of favoring the free use of property and it cannot be said that courts here would reach the same result. Therefore, if you are concerned about the status of the golf course property, you should check with an attorney before paying a premium for a golf course lot.
Landscape Maintenance Issues
It is not easy to keep a golf course looking perfect. Remember that the grass is going to be cut often, particularly in the summer months, and that they will not be cutting it the middle of the day when the golfers like to play. Many homeowners are surprised when the mowing machines start at five in the morning. Likewise, grass does not stay green without fertilizer and pest control. Expect at least a few days each season of chemical smells. Aeration is another noisy and unattractive process which is necessary to maintain the grass. Irrigation systems may also be noisy and generally run in the late evening or very early morning hours. Don’t be surprised if the irrigation system is fed by treated effluent from the sewer plant serving the area. The treated water is generally more than safe enough for irrigation use but has not gone through the same treatment process as drinking water and will have higher concentrations of things like Fecal Coliform that may not be damaging to your heath but certainly sound distasteful. Finally, it may be necessary or desirable to re-design portions of the course which may involve major earth moving equipment and cause disruption of the view.
General Nuisance Issues
The obvious danger of living adjacent to a golf course is that balls may be sliced or hooked and cause damage to adjacent property or cause injury. Most golfers and golf courses take the approach that owners next to a golf course “came to the nuisance” and assume the risk of damage or injury. Check with your insurer to see whether your homeowners policy will cover broken windows, and if so, how many! Noise has also been cited as an issue. Golfers can be noisy, more often at tee or green areas, but expect “Fore” to be shouted out if you are on the fairway. If the course sponsors a tournament, you can expect hundreds, or even thousands of people to attend.
The thought of living adjacent to several hundred acres of open space which you do not have to maintain is generally appealing and a privilege for which purchasers will pay a premium. Advance planning and consideration of potential issues can eliminate some unwelcome surprises.