Q: I bought a lot that backs up to a golf course. I own a piece of the golf course and they want it back. What do I do ?
I am getting ready to build and found out that my property line goes over into a piece of a very prestigious golf course in Texas now that company wants me to come up with a price for that piece of land . That say it's because of resale reasons. I know it would cost 100's of thousands of dollars for them to move that hole. What do I do.. Help
A:
There are two factors to consider: 1) the value of the piece of land, and 2) whether the golf course has acquired the land by adverse possession.
With respect to value, you really need an opinion from a golf course designer as to exactly how much it would cost to redesign that hole on that particular golf course. I am skeptical that it will 100s of thousands of dollars but, depending on the course and the extent to which the hole might need to be redesigned, it might cost as much as $100,000. Obviously, it may cost more for a top course like TPC or Whispering Pines than it would for Firewheel or Tennison.
With respect to adverse possession, there is a ten-year statute of limitations to recover real property from another who "cultivates, uses, or enjoys" the property. TCPRC 16.026. You will want to determined when the hole which uses part of your property was built and when players started using it. This will tell you how long you have to sue the golf course over using part of your property.
That information should help you come up with a price that the golf course may reasonably be willing to pay without filing a lawsuit to quiet title by virtue of adverse possession. You might also consider asking for perks like free membership for life, free greens fees, a free reserved parking pass, free guest privileges, etc. I suspect they would be willing to give up some perks in lieu of paying cash.
Anthony M. Avery agrees with this answer
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