Publications

An article by Joey Hargadon entitled “Fore! Supreme Court of Georgia Delivers Loss to Homeowners Asserting an Implied Easement in their Neighborhood Golf Course” was published in the Mercer Law Review: Vol. 75: No. 2, Article 17 in March 2024.

The full article is available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol75/iss2/17.

Abstract:

The Supreme Court of Georgia delivered a big win to neighborhood developers and a massive loss to homeowners seeking to enforce easement rights in residential neighborhood features. In WS CE Resort Owner, LLC v. Holland, neighborhood homeowners sought an injunction against the developer of their subdivision to prevent the planned removal and redevelopment of a neighborhood golf course. The court’s decision showcased that a mere label of “golf course” on a subdivision plat is insufficient to show a subdivider’s intent to grant homeowners an easement in the recreational area adjacent to their properties. In clarifying what a petitioner must show when asserting easement rights in neighborhood features, the court’s decision rang the death knell on nearly a century of Georgia case law. Consequently, Holland could seriously hinder homeowner litigants’ chances in future cases against neighborhood developers.