Stray golf balls turn retiree's home into 'hazard zone', court rules

For seven years, retiree Mohd Nazli Ahmad Mahyadin endured a persistent nuisance as stray golf balls from the nearby Darulaman golf course frequently landed in his home. These errant shots caused damage to his roof, poultry coop, and exterior walls, as well as shattering a window, forcing Nazli to lodge numerous police reports and complaints to the golf club.

The High Court in Alor Star recently ruled that the golf course operator and landowner were responsible for subjecting him to private nuisance. The judicial commissioner ordered both the golf course operator and landowner to pay Nazli RM120,000 in damages and costs. The court found that the golf balls were not isolated incidents but had occurred repeatedly over the years, despite efforts by the defendants to address the issue.

Nazli, who had lived in his bungalow near Hole 7 of the golf course since December 2018, provided photographs, WhatsApp messages, and testimony from neighbors to support his claims. The court dismissed the defendants' argument that birds were responsible for some of the damage, deeming it unsupported by evidence. While not finding in favor of a trespass claim, the court acknowledged that the intrusions went beyond occasional inconvenience, representing a continuous and unreasonable interference with Nazli's residential life.

Both defendants were instructed to implement remedial measures within 60 days, including improving safety netting, reviewing tee marker placement, installing warning signs, and taking any additional steps to prevent golf balls from entering Nazli's property.