The Arkansas Court of Appeals affirmed a lower court order requiring an 18-foot-wide access road to follow the southern property line of Catherine and Jeffrey Wyant. Connie and Delmar Allen had petitioned the court in February 2024 to enforce an easement and hold their neighbors in contempt after disputes arose regarding the path. Although the Allens argued that survey contingencies permitted routing across the parcel to bypass steep terrain, judges concluded the original contract drawing dictated the boundary path. A dissenting opinion underscored that this approved route crosses a massive 60- to 80-foot gorge, creating substantial engineering and financial obstacles.
Key points
Appellate judges determined that property survey provisions cannot be used to deviate fro…: Appellate judges determined that property survey provisions cannot be used to deviate from explicitly depicted boundary routes.
The Allens must now construct their roadway along a difficult boundary line despite sever…: The Allens must now construct their roadway along a difficult boundary line despite severe drainage problems and steep terrain.
The ruling permanently limits Beaver Lake road access options to the southern perimeter r…: The ruling permanently limits Beaver Lake road access options to the southern perimeter rather than allowing a diagonal cut through the neighboring parcel.
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An Arkansas couple who paid their neighbours $8,000 for a road to reach their property have lost a court battle over where that road should be built. Connie and Delmar Allen could reach their land near Beaver Lake only by boat or by crossing their neighbours' property. Although both families agreed to an 18-foot-wide access route in 2023, they later disagreed over its location. On Wednesday, the Arkansas Court of Appeals upheld a decision requiring the road to follow the neighbouring land's boundary.
According to the
court judgment, the disagreement involved two families living next to each other in Benton County. The Allens owned land without direct road access, while their neighbours, Catherine and Jeffrey Wyant, owned property between the Allens' land and Old Bill Evans Road. The Allens wanted a permanent legal right to cross that land to reach their own property.
The matter first reached court in March 2022. However, the neighbours managed to settle their differences before the case went to trial. Under their agreement, the Allens would pay $8,000 for an easement, which is a legal…
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