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Date Published: 01/11/2024

Judge forces Altorreal golf course to plant trees to prevent balls hitting neighbouring houses

The magistrate ordered that, while waiting for the growth of the trees, the company should install nets

The company that owns the Altorreal golf course in Molina de Segura has been forced to take measures to prevent balls fired by its players from continuing to fall into neighbouring houses.

A court of law has ordered, in response to a complaint from one of the neighbours, that the company plant "suitable tall trees" to prevent balls from reaching the houses adjacent to the right edge of the course.

While waiting for these trees to reach an adequate height and thickness, the magistrate urges the course to place on hole number two – the one that seems to be causing the most problems – some nets.

The court partially upholds the claim filed by the owner of one of the chalets adjacent to the golf course, who has been represented by the lawyer Juan Manuel Álvarez, from the Todo Jurídico firm.

The ruling explains that, over the years, golf balls have been entering the plaintiff's home from the aforementioned hole.

These balls caused damage to this neighbour's home for which, the judge orders in that same resolution, the company must now compensate him in the amount of 3,167 euros plus interest.

To prevent further damage, this neighbour demanded the closure of the hole in question and the adoption of measures by the company.

The ruling explains that the course carried out works, between 2018 and 2022, to prevent balls from continuing to reach neighbours' gardens.

In the trial, an expert explained that of the 60,000 players who visit this course every year, only a minority – four or five – could use a playing technique contrary to logic that would cause the balls to end up in the plaintiff's house.

The judge explains that these circumstances could exempt the company from liability in the case of an occasional or punctual ball falling, "but not if it is a matter of weekly balls falling that disturb and annoy the owner of the house in question, even if they do not pose a serious risk to physical or material integrity."

For this reason, he is forcing the company to adopt these measures to prevent balls from continuing to fall, not in the house of this neighbour in question, but of all the residents on the right side of the course.

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