On Oct. 28, the Arkansas Court of Appeals upheld Benton County Circuit Court's ruling that Connie and Delmar Allen must build a road along the southern boundary of Jeffrey and Catherine Wyant’s property.
The Allens, who own land that borders Beaver Lake, had no direct road access and paid $8,000 in 2023 to secure an easement. The original agreement contained a simple 18‑foot‑wide line and a promise of a survey to pinpoint the route.
When the survey revealed the proposed road would cut through a steep gorge, the Wyants insisted the road stay along the boundary, citing the original drawing. The Allens argued the survey gave them flexibility to choose the most practical path.
The appeals judges found the 2023 drawing already specified the intended path and that the survey was meant to refine, not replace, it. They rejected the Allens’ contempt claim and declined to grant an alternate route.
Judge Brandon J. Harrison dissented, arguing the gorge would make construction prohibitively expensive and that the court should assess feasibility. The ruling locks the Allens into a costly, slope‑challenged path but preserves their legal right to use the Wyant land.