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Jenny
Jenny, Solicitor
Category: Law
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We live next door to a field. My son hit golf into it

Resolved Question:

We live next door to a field. My son hit golf balls into it can the farmer use us?
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you, has the farmer actually threatened to sue you? Has any damage been caused?

Customer: Not that I know off. He asked my husband if he had done it and he said no but it could have been our son. I caught the farmer tonight filming our garden with a camcorder and I am now worried
taratill :

Well the farmer really has no right to film your garden. He cannot sue you unless damage has been caused and a loss has been suffered. He certainly cannot sue you before he tries to resolve matters through a letter before action. From a practical point of view I would suggest you tell your son to avoid hitting golf balls into the field. Also you should ask him, politely, why he is filming in your garden.

taratill :

I hope this will put your mind at rest. If you have any further questions please do ask.

taratill :

If I have answered your question I would be grateful if you woudl take the time to rate my answer. Thank you and all the best.

Customer: He hasn't said any damage has been done. He just spoke abruptly to my husband. I was going to offer my son to pick the balls up but the farmer already did it.if he does send a letter of complaint how should we answer it, our son certainly will not be hitting balls into the field ever again!!
taratill :

It is up to you whether to answer it. If there is no allegation of damage then I would just say that you should respond politely to say that your son won't do it again.

Customer: and if there is allegation of damage in it?
taratill :

I would suggest you deny it and ask for proof.

Customer: Would the golf balls not be proof?
taratill :

No he would need to prove that there is actual damage to his propety such as broken glass in a greenhouse. If it is just a field there is really nothing at all to worry about here.

Customer: ok thanks I'm just scared he is going to say we have broke his tractor or something worsen when he cut the crops
taratill :

He would have to prove that the golf ball caused the damage. it is highly unlikely. He is probably just letting off steam. So long as your son doesn't do it again there is nothing to worry about.

Customer: ok thank you so much that has made me feel better. Hope I haven't wasted your time. I will save and exit and rate your answer. Many thanks
taratill :

No not a waste of time. It's what I'm here for!

taratill :

I am happy to answer any follow on quesitons you may have. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you.

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