Question: We purchased a home five years ago in a golf community in Mesa. We specifically purchased our home adjacent to a tee box because we did not want any damage from golf balls. The developer is now modifying the golf course and the tee box will be moved so that some balls hooked from the re-designed tee box will end up hitting our roof, windows, or even us! Does the developer have the right to move the tee box? If so can I require the developer to pay for the cost of screening or other protection for our home?
Answer: Under the recorded documents for the development of your community, the developer probably has the right to move the tee box. You did not however “come to the danger” by buying a home that was subject to damage from golf balls. Therefore, you may have a common law nuisance claim against the developer if there is a significant increased risk to you and your home from golf balls. This claim could include the cost of screening to protect your home.