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Increasingly frequent use of easement does not constitute excessive use.(Recent Court Decisions)(Brief article)
When property was subject to an easement for golf balls, an increase in the number of balls entering the lot was within the scope of the easement and did not constitute excessive use, according to the Court of Appeals of Georgia.
James and Susan DeSarno's residence is adjacent to a golf course; their property is subject to a recorded easement allowing errant golf balls to enter, and relieving the course owner from liability for any resulting damage. Although the DeSarnos were aware of the easement when they purchased the lot, they did not anticipate that the course's business would increase until approximately 30,000 rounds of golf were played annually. The number of golf balls entering their yard likewise increased dramatically, frequently causing broken windows and other property damage.
The DeSarnos filed trespass and nuisance actions against the golf course owner, operator, and manager (collectively, Defendants), seeking damages and an injunction against play on the hole nearest their residence. ...
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