DeSarno v. Jam Golf Management LLC

An express easement contained in the plaintiffs' deed excluded their action for nuisance and trespass against the owner and operator of a golf course arising out of numerous errant golf balls striking the plaintiffs' residence.

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In this nuisance and trespass action, James and Susan DeSarno sued the owner and operators of a golf course for injunctive relief and damages arising out of numerous errant golf balls originating from defendants’ adjacent golf course striking their residence. Finding that their residence was subject to an express easement allowing the golf balls, the trial court granted summary judgment to the defendants, which the DeSarnos appeal. Because we agree with the trial court that the express easement precluded the DeSarnos’ action, we affirm. Summary judgment is only proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a denial of summary judgment. Matjoulis v. Integon Gen. Ins. Corp .1

So viewed, the evidence shows that in 1999, the owner of a large tract of land which the owner intended to develop into residential lots agreed to subject those lots to an easement in favor of adjacent property being developed as a golf course. The written and recorded easement permitted as to each lot “golf balls unintentionally to come upon the Lot . . . , and for Golfers at reasonable times and in a reasonable manner to come upon the exterior portions of a Lot . . . to retrieve errant golf balls.” The easement also provided that “under no circumstances shall the . . . Golf Course Owner . . . be held liable for any damage or injury resulting from errant golf balls or the exercise of these easements.” The easement did not, however, “relieve golfers of liability for damage caused by errant golf balls.”

DeSarno v. Jam Golf Management LLC

An express easement contained in the plaintiffs' deed excluded their action for nuisance and trespass against the owner and operator of a golf course arising out of numerous errant golf balls striking the plaintiffs' residence.

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