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Sports Liability | Insurance Commentary with Bill Wilson They purchased the lot, receiving a deed that expressly stated the conveyance was subject to all easements of record affecting the lot. having worked on a golf course, if someone hits a house/car/anything and breaks it, the golfer who did the damage is responsible. . I was hired to verify that the golfer was in fact in the zone of danger, and did not have enough time to take evasive action. The DeSarnos had a home built on the lot and began residing in the home in September 2003. Conduct that harms other people or their property is generally called a tort. 158 (1972). Many golfers have had the same nightmare: their wicked . The law varies from state to state and often on a case by case basis. No single or partial exercise by the Lender of any right or remedy shall preclude any other or further exercise thereof, or preclude any other right or remedy. 3. [7] Security Union Title Ins. See People ex rel. Amateurs (one year I missed making the Provincial Team by 1 shot) and 3 Canadian Amateurs. Unless it was lying beside the unconscious body of a golfer from another group, we had a better chance of seeing Elvis than the ball. Matjoulis v. Integon Gen. Ins. 534, 233 N.E.2d 216 (1968). of Public Works v. Younger[13] ("[u]se of an appurtenant easement for the benefit of any property other than the dominant tenement is a violation of the easement because it is an excessive use") (punctuation omitted); Phillips Natural Gas Co. v. Cardiff[14] ("[w]hen the instrument in unambiguous language limits the use to the carrying of crude oil by a 30-inch pipe, then that is the extent of the use, and any other use is excessive and beyond the scope of the easement"); Reed v. A.C. McLoon & Co.[15] (easement to maintain gasoline storage tank was subjected to "excessive use" when defendant used the tank for kerosene storage); Z.A. 457, 461(9), 4 S.E.2d 60 (1939). 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." The golf course was completed in 1999 and began operating. Australia, Canada and the United States. 116, L.L.C., ---N.C.App. See Security Union Title Ins. In the event that Landlord does not deliver the Landlord Repair Notice within sixty (60) days following the date the casualty becomes known to Landlord, Tenant shall, at its sole cost and expense, repair any injury or damage to the Improvements and Alterations installed in the Premises and shall return such Improvements and Original Improvements to their original condition. [2] They consulted with no one from the golf course about their anticipated purchase. The court concluded: Not only did the Claimants have some 250 golf balls land on their property, several struck their home sufficiently hard to do damage. They have a responsibility to prevent foreseeable errant golf ball damage. For a period of time, the husband became of member of the golf course and played the course some 15 to 20 times. 17. Tenant understands that Landlord will not carry insurance of any kind on Tenant's property, to wit, Tenant's goods, furniture or furnishings or any fixtures, equipment, improvements, installations or appurtenances removable by Tenant as provided in this Lease, and that the Landlord shall not be obligated to repair any damage thereto or replace the same.