The Allens sought legal access across their neighbours’ property to reach their land (AI image)
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. they later disagreed over its location Although both families agreed to an 18-foot-wide access route in 2023.
The disagreement involved two families living next to each other in Benton County, according to the court judgment . Connie and Delmar Allen could reach their land near Beaver Lake only by boat or by crossing their neighbours’ property. 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.
On Wednesday, the Arkansas Court of Appeals upheld a decision requiring the road to follow the neighbouring land’s boundary.
Road survey led to another dispute
With neither side accepting the other’s position, the Allens returned to court in February 2024. They complained that the Wyants would not allow construction to begin and asked the court to enforce the easement. They also sought to have their neighbours held in contempt for refusing to cooperate. The Benton County Circuit Court considered the different routes put forward by the parties. It ultimately selected the one running along the southern boundary of the Wyants’ property and rejected the request to hold the neighbours in contempt. The Allens appealed, arguing that the decision was unclear. They also questioned whether the court had correctly interpreted the document granting them access.
The matter first reached court in March 2022. Under their agreement, the Allens would pay $8,000 for an easement, which is a legal right to use a particular part of someone else’s property. The Allens would also arrange and pay for a land survey to identify the route.
However, the neighbours managed to settle their differences before the case went to trial.