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HOA Sold Me a Landlocked Property — Then 11 Neighbors Gave Me a Way In — Transcript

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  1. 0:00I have a delivery for the main house.
  2. 0:02Look at the permit right here. Sir, this
  3. 0:04is not a valid permit. You need to turn
  4. 0:06this truck around.
  5. 0:07>> The gate code worked on Tuesday. I know
  6. 0:10it worked because I typed it myself four
  7. 0:12digits 7219 and watched the black iron
  8. 0:16arms of the Aspen Crest entrance swing
  9. 0:18open like a butler bowing to a guest.
  10. 0:21The realtor was in the passenger seat of
  11. 0:23my truck that day. She said, "Isn't it
  12. 0:25lovely up here?" and I said yes because
  13. 0:27it was. On Thursday morning, the day
  14. 0:30after I signed the papers on 60 acres of
  15. 0:32land, I typed the same four digits. The
  16. 0:35keypad beeped twice. A small red light
  17. 0:37came on. The gate did not move. Behind
  18. 0:40me, a flatbed truck carrying every board
  19. 0:42beam and window of the cabin. I had
  20. 0:44spent 12 years saving for ESAT, idling
  21. 0:46on the road with its hazard lights,
  22. 0:48blinking. The driver, a heavy set man
  23. 0:50named Ray, who had driven 3 hours from
  24. 0:52Joplain, leaned out his window and
  25. 0:54called problem. I typed the code again.
  26. 0:57Two [clears throat] beeps, red light. A
  27. 0:59security guard stepped out of the little
  28. 1:01stone guard house beside the gate. He
  29. 1:03was young, maybe 25, and he held a
  30. 1:05single sheet of paper the way a man
  31. 1:07holds something he did not write and
  32. 1:09does not want to be blamed for. Mr.
  33. 1:12Hadley, that's me. I'm supposed to give
  34. 1:15you this. The letter was printed on
  35. 1:17cream colored stationery with a tasteful
  36. 1:20little aspen leaf embossed at the top.
  37. 1:22It was addressed to me by name, which
  38. 1:24meant someone had prepared it before I
  39. 1:26ever arrived. It said that parcel 7 was
  40. 1:28not a member lot of the Aspen Crest
  41. 1:30Homeowners Association. It said that the
  42. 1:33private roads of Aspen Crest were
  43. 1:35reserved for members, their guests, and
  44. 1:37approved service vehicles. It said that
  45. 1:39my access credentials had been
  46. 1:41deactivated effective midnight. It was
  47. 1:44signed by Gwen Harkcourt, president on
  48. 1:46behalf of the board of directors. I read
  49. 1:48it twice. Then I looked up at the guard.
  50. 1:51The HOA sold me this land. I know, sir.
  51. 1:55Three days ago. I know, sir. So, the
  52. 1:58people who sold me a piece of land have
  53. 2:00locked the only road to it. The guard
  54. 2:03looked at his shoes. Behind me, Ray's
  55. 2:05engine rumbled. Somewhere up the hill, a
  56. 2:07sprinkler was running on a lawn so green
  57. 2:09it looked painted in the middle of the
  58. 2:11worst drought southern Missouri had seen
  59. 2:13in 30 years. That was the first moment I
  60. 2:15understood that I had not bought land. I
  61. 2:18had bought a problem that someone else
  62. 2:19had already solved in their favor. I
  63. 2:22called this number on the letter. A
  64. 2:23woman answered on the second ring as if
  65. 2:25she had been waiting. This is Gwen. Ms.
  66. 2:28Hardcourt. My name is Luke Hadley. I'm
  67. 2:31standing at your front gate with a truck
  68. 2:33full of building materials. I bought
  69. 2:35parcel 7 from your association on
  70. 2:37Monday. Yes, Mr. Hadley. Congratulations
  71. 2:40on your purchase. Her voice was warm.
  72. 2:43That was the unsettling part. It was the
  73. 2:45voice of a woman welcoming a new
  74. 2:47neighbor to a potluck. Your guard just
  75. 2:49handed me a letter saying I can't use
  76. 2:51the road. That's correct. Parcel 7 isn't
  77. 2:54a member lot. Our roads are private. The
  78. 2:57realtor drove me in on this road. The
  79. 2:59listing photos were taken from this
  80. 3:01road. I can't speak to what the realtor
  81. 3:03did, Mr. Hadley, but I'd encourage you
  82. 3:05to review your purchase documents.
  83. 3:07Nothing in the contract guarantees
  84. 3:09access through Aspen Crest. Then how
  85. 3:12exactly am I supposed to reach my own
  86. 3:14property? There was a short pause. When
  87. 3:16she answered, I could hear that she was
  88. 3:18smiling. That's really a question for
  89. 3:20you and your attorney. We're a
  90. 3:21homeowners association. We're not in the
  91. 3:24business of building roads for
  92. 3:25non-members. She said she would be happy
  93. 3:27to put my request for access on the
  94. 3:30agenda for the next board meeting. I
  95. 3:32asked when that was. The 3rd Thursday of
  96. 3:35October. It was the second week of June.
  97. 3:37Ray unloaded nothing. He could not
  98. 3:40legally drive onto private roads to
  99. 3:41reach my property, and there was no
  100. 3:43other road. He charged me for the round
  101. 3:46trip, which was fair, and for the fuel,
  102. 3:48which was also fair, and he said before
  103. 3:50he pulled away, "Buddy, I've been
  104. 3:52hauling cabins for 19 years. I never had
  105. 3:54a seller lock the buyer out before." I
  106. 3:57sat in my truck on the shoulder of
  107. 3:58County Road 214 and pulled out the
  108. 4:00closing folder. Every page was there
  109. 4:02clipped and tabbed. purchase agreement,
  110. 4:05title commitment, plat association,
  111. 4:09disclosure packet. I turned the pages of
  112. 4:11the disclosure packet slowly the way you
  113. 4:13read something when you already
  114. 4:15suspected is going to hurt you. Page 12,
  115. 4:18page 13, page 14, page 16. I turn back
  116. 4:2514. Then 16. [clears throat] The numbers
  117. 4:28were printed in small gray type at the
  118. 4:30bottom corner of each page. 14 was
  119. 4:32titled architectural review guidelines.
  120. 4:3516 was titled assessments and fees and
  121. 4:38the table of contents printed on page
  122. 4:40two listed a section in between. Section
  123. 4:4315 access and easements. There was no
  124. 4:46page 15. I had signed a stack of paper 2
  125. 4:49in thick. I had initialed every page
  126. 4:52they asked me to initial. And somewhere
  127. 4:54in that stack, a single sheet had
  128. 4:56quietly left the room before I walked
  129. 4:58in. My phone rang while I was still
  130. 5:00still staring at the gap. It was the
  131. 5:02loan officer from the bank in West
  132. 5:04Plains. Luke, good news and a small
  133. 5:06wrinkle. Your construction loan is
  134. 5:08approved, but underwriting flagged the
  135. 5:10access issue on the title report. We
  136. 5:12need recorded legal access to the parcel
  137. 5:15before we can disperse. How long do I
  138. 5:17have? The approval holds for 90 days.
  139. 5:20After that, we'd have to start over. And
  140. 5:22honestly, without access, we wouldn't
  141. 5:24approve it again. 90 days. I did the
  142. 5:27arithmetic in my head without wanting
  143. 5:28to. I had spent nearly everything I
  144. 5:31owned on the land. The loan was supposed
  145. 5:33to build the house. Without the loan, I
  146. 5:36could not build. Without a house, I
  147. 5:38could not live there. And without living
  148. 5:40there, I would be paying taxes and
  149. 5:42insurance on 60 acres of trees I could
  150. 5:44not drive to. The clock started that
  151. 5:46afternoon. I could almost hear it. The
  152. 5:49next 10 days taught me what a locked
  153. 5:51gate actually means. It does not just
  154. 5:53stop a truck. It stops everything that
  155. 5:56depends on a truck. The lumber yard in
  156. 5:58Mountain Grove canceled my order when
  157. 6:00their driver called ahead and was told
  158. 6:02by the Aspen Crest Guard that deliveries
  159. 6:04to Parcel 7 were not authorized. The
  160. 6:07well drilling company said they could
  161. 6:09not bring a rig through the woods. The
  162. 6:11septic contractor laughed not unkindly
  163. 6:13and said, "Call me when you've got a
  164. 6:15road." My insurance agent told me she
  165. 6:18could not write a policy on a structure
  166. 6:19that emergency vehicles could not reach.
  167. 6:22The portable toilet company, which I had
  168. 6:24assumed would deliver anywhere on Earth,
  169. 6:26declined. I had a pickup truck, a
  170. 6:29chainsaw, two shovels, a matic, a
  171. 6:31borrowed wheelbarrow, and a tent. So,
  172. 6:34that is what I used. I found a spot on
  173. 6:36the shoulder of the county road where
  174. 6:38the woods came closest to my property
  175. 6:40line. From there, it was about half a
  176. 6:42mile through Oak and Cedar to the
  177. 6:44southern corner of Parcel 7. I walked it
  178. 6:47every morning with whatever I could
  179. 6:49carry. Water jugs, fuel for the saw,
  180. 6:52tarps, rope, food. On the third day, I
  181. 6:56carried in a folding table. On the fifth
  182. 6:58day, I carried in a cot. By the end of
  183. 7:01the second week, there was a small,
  184. 7:02stubborn camp in the middle of 60 acres
  185. 7:04of brush in a path through the woods
  186. 7:06worn smooth by my boots. People in the
  187. 7:09Ozarks have a word for land like mine.
  188. 7:11They call it hollow country. Ridges and
  189. 7:14ravines folded over each other like a
  190. 7:16crumpled blanket thick with brush,
  191. 7:18hiding more than they show. From the
  192. 7:20air, it all looks the same. From the
  193. 7:22ground, every fold is its own small
  194. 7:24world. I did not know that yet. I only
  195. 7:27knew it was hot and dry, and I was
  196. 7:29tired. I told myself that I was a
  197. 7:31mechanic, not a lawyer, and that the
  198. 7:34only thing I knew how to do with a
  199. 7:35problem was to take it apart, one bolt
  200. 7:38at a time. So, I cleared brush. I cut
  201. 7:40cedar. I stacked deadfall. I found the
  202. 7:43survey pins at three of the four
  203. 7:45corners. I worked until my hands shook.
  204. 7:48And then I sat in the shade and drank
  205. 7:49water that had gone warm in the jug, and
  206. 7:52I tried not to think about the number
  207. 7:5390. On the 12th evening, I was walking
  208. 7:56back out to my truck when I saw
  209. 7:58[clears throat] an old pickup parked on
  210. 7:59the shoulder behind mine. A man was
  211. 8:01sitting on the tailgate. He was in his
  212. 8:0370s, lean and sunburned, wearing a feed
  213. 8:06store cap so faded the logo had become a
  214. 8:08rumor. He watched me come out of the
  215. 8:10trees with an empty water jug in each
  216. 8:12hand. He did not say hello. He said,
  217. 8:15"So, you're the new one?" I set the jugs
  218. 8:18down. "The new what?" He tipped his cap
  219. 8:21back and looked past me toward the ridge
  220. 8:23where the roofs of Aspen Crest caught
  221. 8:25the last of the sun. "Son," he said,
  222. 8:27"you're not the first man they sold that
  223. 8:29land to. question is which number are
  224. 8:32you? I did not answer. I did not know
  225. 8:34the answer. He told me his name was
  226. 8:36Frank Dillard. He told me that in the
  227. 8:39spring of 2019 he had bought parcel 7
  228. 8:41from the Aspen Crest Homeowners
  229. 8:43Association. He told me that 3 days
  230. 8:45after closing the gate code he had been
  231. 8:48given stopped working. Same letter I
  232. 8:50asked. Same letter, same little leaf at
  233. 8:53the top. He had lasted 14 months. He had
  234. 8:56walked the same woods. He had called the
  235. 8:58same lawyers who told him the same thing
  236. 9:00he could sue, but it would take years
  237. 9:02and more money than the land was worth.
  238. 9:05In the end, the association had offered
  239. 9:06to buy the parcel back. There was a
  240. 9:08clause in the contract, a right of first
  241. 9:10refusal that gave them the first chance
  242. 9:12to purchase if he ever sold. What did
  243. 9:15they pay you? Frank looked at the
  244. 9:17ground. Less than half. And before you,
  245. 9:21he was quiet for a long moment. The
  246. 9:23cicas were loud in the trees. Before me,
  247. 9:26he said there was somebody else. He
  248. 9:28climbed down from the tailgate and
  249. 9:30walked to his truck. He opened the door
  250. 9:32and then stopped one hand on the frame.
  251. 9:34I'll tell you the part that still keeps
  252. 9:36me up, he said. I didn't lose
  253. 9:41that land because I ran out of money. I
  254. 9:44lost it because I ran out of hope.
  255. 9:46That's what they're selling up there,
  256. 9:47Mr. Hadley. Not land, time. They just
  257. 9:51wait until you run out. He drove away. I
  258. 9:55stood beside my truck in the dusk
  259. 9:56holding two empty water jugs. And for
  260. 9:58the first time since the gate beeped
  261. 10:00red, I was not angry. I was afraid.
  262. 10:03Howell County Recorder of Deeds keeps
  263. 10:05its records in a low brick building
  264. 10:07across from the courthouse in West
  265. 10:09Plains. The air conditioning works too
  266. 10:11well. The chairs do not work well
  267. 10:13enough. And the woman behind the counter
  268. 10:15whose name tag said Deb had the patience
  269. 10:17of someone who has watched a thousand
  270. 10:20people discover that the paper they
  271. 10:21signed did not say what they thought it
  272. 10:24said. I asked her for every recorded
  273. 10:26document involving partial 7 of Aspen
  274. 10:28Crest. She printed the index for me. It
  275. 10:31fit on a single page. That was the
  276. 10:33problem. It should not have fit on a
  277. 10:35single page. In June of 2017, the Aspen
  278. 10:39Crest Homeowners Association sold parcel
  279. 10:427 to a man named Nolan Pierce for
  280. 10:44$139,000.
  281. 10:47In August of 2018, Nolan Pierce sold
  282. 10:50parcel 7 back to the Aspen Crest
  283. 10:52Homeowners Association for $61,000.
  284. 10:56In April of 2019, the association sold
  285. 10:58it to Frank Dillard for $144,000.
  286. 11:02In July of 2020, Frank Dillard sold it
  287. 11:05back to the association for $65,000. And
  288. 11:083 weeks ago, the association sold it to
  289. 11:10Luke Hadley for $148,000.
  290. 11:13I sat down in one of the bad chairs and
  291. 11:15looked at the list for a long time. It
  292. 11:17was not a mistake. It was not bad luck.
  293. 11:20It was a machine. A very quiet, very
  294. 11:22polite machine. [snorts] Sell the land.
  295. 11:25Lock the gate. Wait, buy it back for
  296. 11:27less than half. Sell it again. Every lap
  297. 11:30around the track, the association
  298. 11:32cleared somewhere near $80,000. In every
  299. 11:34lap, one ordinary person drove away with
  300. 11:37less than they came with. I was not a
  301. 11:39buyer. I was the third lap. You all, Deb
  302. 11:43asked. I think I just found out what I
  303. 11:45paid for, I said. When I got back to my
  304. 11:47spot on the shoulder of County Road 214
  305. 11:50that afternoon, there were two new signs
  306. 11:53standing where I usually parked. They
  307. 11:54were county signs, white with red
  308. 11:56letters, freshly bolted onto metal
  309. 11:58posts. No parking anytime. I called the
  310. 12:01county road department. A pleasant man
  311. 12:03told me that the signs had been
  312. 12:04requested by a local homeowners
  313. 12:06association as a traffic safety measure
  314. 12:08due to unauthorized vehicles repeatedly
  315. 12:11parking on a blind curve. It was not a
  316. 12:14blind curve. You could see a/4 mile in
  317. 12:16both directions. I moved my truck to the
  318. 12:19next pull out which was twice as far
  319. 12:20from my property. The walk through the
  320. 12:23woods went from half a mile to over a
  321. 12:25mile. In July, in a drought, carrying
  322. 12:28water too. Days later, a county code
  323. 12:30inspector named Mr. Toiver walked into
  324. 12:32my camp. He was polite, sweating through
  325. 12:34his shirt and clearly unhappy to be
  326. 12:36there. He explained that a complaint had
  327. 12:39been filed stating that someone was
  328. 12:40residing unlawfully on an unpermitted
  329. 12:43parcel. He looked at my tent, my cod, my
  330. 12:46folding table, my stack of cedar. Who
  331. 12:48filed the complaint? I asked. He glanced
  332. 12:52at his clipboard and then decided not to
  333. 12:54read it out loud. A neighboring property
  334. 12:56owner. I don't have any neighboring
  335. 12:59property owners who can see my tent, I
  336. 13:01said, unless they're standing on their
  337. 13:03deck with binoculars. He did not argue.
  338. 13:06He gave me 30 days to remove the camp or
  339. 13:08obtain a building permit. To get a
  340. 13:10building permit, I needed a septic
  341. 13:12approval. To get septic, I needed a
  342. 13:15contractor. To get a contractor, I
  343. 13:18needed a road. To get a road, I needed
  344. 13:20the Aspen Crest board, which would meet
  345. 13:22in October, long after my permit window
  346. 13:24closed, my tent came down and my loan
  347. 13:26expired. It is a strange thing to watch
  348. 13:28people use rules like weapons. They
  349. 13:31never raise their voices. They never
  350. 13:33break a law. They simply arrange the
  351. 13:35laws in a line like stones across a
  352. 13:38stream and let you discover that every
  353. 13:40one of them is slippery. The heat that
  354. 13:42July was not the kind you can describe
  355. 13:44with a number, though the number was
  356. 13:47101. It was the kind that sat on your
  357. 13:49shoulders all day and followed you into
  358. 13:52the shade. The creeks in the county had
  359. 13:54gone to dust. Farm ponds had shrunk to
  360. 13:57cracked brown saucers. Churches were
  361. 13:59holding prayer meetings for rain. The
  362. 14:01radio said burn bands. The radio said
  363. 14:04water restrictions. The radio said the
  364. 14:06aquafer was dropping in places no one
  365. 14:08could remember seeing it drop. Up on the
  366. 14:11ridge, the sprinklers of Aspen Crest ran
  367. 14:13every morning at 5. I decided that if I
  368. 14:16was going to lose the land, I would at
  369. 14:18least know what I had lost. So, I kept
  370. 14:20clearing. I started on the eastern
  371. 14:22boundary where a long band of thick
  372. 14:24green brush ran the entire length of the
  373. 14:26property like a hedge. Willow sumac,
  374. 14:29wild grape, and blackberry cane so dense
  375. 14:31and so thorny that I had to cut my way
  376. 14:33in with the saw and then drag each piece
  377. 14:35out behind me. It made no sense that
  378. 14:38strip. Everything else on the land was
  379. 14:40brown and brittle. The grass crunched,
  380. 14:42the oak leaves curled, but this band of
  381. 14:44brush was green. Not just alive, green.
  382. 14:48I noticed it and did not think about it.
  383. 14:50I was too tired to think. On the fourth
  384. 14:53day, I was deep inside the thicket,
  385. 14:54about 30 ft in, when I cut the saw off
  386. 14:57to catch my breath, and I heard it. It
  387. 15:00was so quiet at first that I thought it
  388. 15:01was my own blood in my ears. A soft,
  389. 15:04steady murmur. Not wind, not insects,
  390. 15:07something moving, something patient. I
  391. 15:10stood completely still. Water I pushed
  392. 15:12forward through the canes ignoring the
  393. 15:14thorns tearing at my arms. The ground
  394. 15:17under my boots changed. It softened.
  395. 15:19Then it dropped away almost at my feet.
  396. 15:21And I grabbed a willow trunk to keep
  397. 15:23from falling. Below me was a ravine. It
  398. 15:26was narrow, no more than 8 or 10 ft
  399. 15:28across, but deep, maybe 12 or 13 ft from
  400. 15:31the rim to the bottom. Its walls were
  401. 15:33gray limestone, ferned and mossy, shaded
  402. 15:36completely by the brush above. From the
  403. 15:38top, from the air, from any map, it
  404. 15:41would look like nothing but a line of
  405. 15:42trees. At the bottom of the ravine, a
  406. 15:45creek was running. Clear, cold looking,
  407. 15:48moving over smooth stones in between
  408. 15:50green banks of water crest, as
  409. 15:52unbothered by the drought, as if it had
  410. 15:54never heard of one. I climbed down,
  411. 15:57slipping and scraping, and knelt at the
  412. 15:58edge of it. I put my hand in the water.
  413. 16:01It was so cold it hurt. I followed it
  414. 16:04upstream. The ravine curved gently north
  415. 16:06for maybe 300 yd and then it ended at a
  416. 16:09wall of stone. At the base of that wall,
  417. 16:11water was pushing up out of the rock
  418. 16:13itself. Not a trickle, a steady pulsing
  419. 16:16flow bubbling up from somewhere deep in
  420. 16:18the earth and spilling into a small
  421. 16:20clear pool before it began its journey
  422. 16:22south. A spring. I checked my handheld
  423. 16:26GPS against the survey coordinates
  424. 16:28twice. The spring was inside my
  425. 16:30property, 200 ft inside. I sat down on a
  426. 16:34rock beside that pool and did not move
  427. 16:36for a long time. Three owners, seven
  428. 16:39years. Every one of them had walked this
  429. 16:41land, including me. Every one of them
  430. 16:44had looked at this line of brush and
  431. 16:46seen what I had seen thorns trouble a
  432. 16:48place to avoid. The association had sold
  433. 16:50it three times. Surveyors had pinned its
  434. 16:53corners. Satellites had photographed it.
  435. 16:56And in all that time, no one had
  436. 16:57bothered to push through the thorns and
  437. 16:59look down. It was hidden in the only way
  438. 17:02that anything is ever truly hidden. Not
  439. 17:04by a lock, by a lack of curiosity. I
  440. 17:07followed the creek downstream the next
  441. 17:09morning to see where it went. It ran the
  442. 17:11length of my eastern boundary south and
  443. 17:13downhill for nearly half a mile. And
  444. 17:16then at the lowest corner of my land,
  445. 17:18the ravine grew shallower. The stones
  446. 17:20grew larger, and the water simply
  447. 17:22disappeared. It sank into a bed of
  448. 17:24broken limestone and was gone. not dried
  449. 17:28up, gone underground, still moving
  450. 17:30somewhere beneath the hill. Directly
  451. 17:32below that point, maybe 200 yards downs
  452. 17:35slope, I could see the rooftops of the
  453. 17:37older houses of Aspen Crest. Phase one,
  454. 17:40people called it. 11 small homes along a
  455. 17:43gravel lane built in the 70s, long
  456. 17:45before the ridge was covered in stone
  457. 17:47mansions. That afternoon, walking out to
  458. 17:50my truck, I passed a woman standing in
  459. 17:52her sideyard at the first of those
  460. 17:54little houses. She was in her 70s, white
  461. 17:57hair tied back, holding a garden hose.
  462. 17:59Host was limp in her hand. Nothing was
  463. 18:01coming out. She saw me looking and gave
  464. 18:03a small tired laugh. "Well, was fine on
  465. 18:06Sunday," she said. Monday, it started
  466. 18:08sputtering. This morning, nothing but
  467. 18:10air. That same week, I heard that the
  468. 18:13family, three houses down a roofer with
  469. 18:15three little kids, had lost their well,
  470. 18:17too. I stood at the edge of my land that
  471. 18:20evening looking at the place where the
  472. 18:22creek vanished into stone and then down
  473. 18:24at the roofs of those 11 houses. I did
  474. 18:27not know yet what the connection was. I
  475. 18:29was not a hydraologist. I was a man who
  476. 18:32fixed tractors. But I knew that water
  477. 18:34does not disappear. It only goes
  478. 18:36somewhere you are not looking. The next
  479. 18:39morning, I carried two 5gallon jugs of
  480. 18:41spring water down the hill to the woman
  481. 18:43with the empty hose. Her name was
  482. 18:46Loretta Banks. She had lived in the
  483. 18:48first house on the lane since 1981. Her
  484. 18:51husband had built the porch with his own
  485. 18:52hands, and it had outlived him by 11
  486. 18:55years. She opened the screen door,
  487. 18:57looked at the jugs, looked at me, and
  488. 18:59did not say anything for a moment. Then
  489. 19:02she said, "Where on God's earth did you
  490. 19:04find water?" I told her the truth. I
  491. 19:07told her about the thicket and the
  492. 19:08ravine and the spring coming up out of
  493. 19:10the stone. She listened the way older
  494. 19:13people listen when they have decided you
  495. 19:15are either honest or crazy and they have
  496. 19:17not yet decided which. Then she poured a
  497. 19:20glass from one of the jugs, held it up
  498. 19:22to the light and drank it slowly. That
  499. 19:24she said is the best water I've tasted
  500. 19:26in 40 years. I have thought about that
  501. 19:29moment many times since. How a whole
  502. 19:31long war began not with a lawyer or a
  503. 19:34board meeting but with an old woman on a
  504. 19:36porch drinking a glass of water in the
  505. 19:38heat. carrying jugs was not going to be
  506. 19:41enough. There were 11 houses on that
  507. 19:43lane and the wells were failing one by
  508. 19:45one. So, I did the only thing I knew how
  509. 19:48to do. I went looking for something
  510. 19:50broken that I could fix. In the back of
  511. 19:52Loretta's shed was a gasoline transfer
  512. 19:55pump her husband had used for irrigating
  513. 19:56a vegetable garden in the 80s. The seals
  514. 19:59we are cracked. The impeller was seized
  515. 20:02with rust. The engine hadn't turned over
  516. 20:04in a decade. I spent two evenings at her
  517. 20:07workbench with a wire brush, a rebuild
  518. 20:09kit from the farm store in Willow
  519. 20:11Springs, and a can of carburetor
  520. 20:13cleaner. On the third evening, it
  521. 20:15coughed, smoked, and ran. It turned out
  522. 20:17I did not even need it. The spring sat
  523. 20:20higher, then the lane. [snorts] All I
  524. 20:22needed was a pipe and gravity. I bought
  525. 20:24600 ft of black polyline with the last
  526. 20:26of my discretionary money. I laid it
  527. 20:29from a small intake box at the spring
  528. 20:31pool down along the floor of the ravine
  529. 20:33out through the thicket and down the
  530. 20:35slope to a 400-gallon water tank behind
  531. 20:37Loretta's house. I set a valve on the
  532. 20:40end. When I opened it the first time,
  533. 20:42there was a hiss of trapped air, a long
  534. 20:45gurgle, and then a clean, steady stream
  535. 20:47of cold water poured into the tank.
  536. 20:49Loretta stood beside me and did not say
  537. 20:51anything. She just put her hand on my
  538. 20:53shoulder. Word traveled down the lane
  539. 20:55the way word travels in small places
  540. 20:57faster than the phone lines and more
  541. 20:59reliably. By the next morning, there
  542. 21:02were people standing at that tank with
  543. 21:04buckets and jugs and coolers. By the
  544. 21:06weekend, all 11 households on the lane
  545. 21:08were drawing from it. I did not charge
  546. 21:10anyone. People tried to pay me. I told
  547. 21:13them to keep it for gas money. It did
  548. 21:15not feel like mine to sell. I had not
  549. 21:18made that water. I had only found it.
  550. 21:21That was a strange and gentle month in
  551. 21:23the middle of everything else. The heat
  552. 21:25did not break. The gate did not open.
  553. 21:27The 90 days kept falling away. But in
  554. 21:30the evenings, the lane came alive in a
  555. 21:32way I had not seen anywhere in years.
  556. 21:34Hector Ruiz, the roofer, three houses
  557. 21:36down, brought his kids to the tank every
  558. 21:38evening at 6. Three of them, ages 4, 6,
  559. 21:42and nine, squealing and filling their
  560. 21:44little plastic buckets and splashing
  561. 21:45each other when they thought their
  562. 21:47father wasn't looking. Hector shook my
  563. 21:49hand the first time with both of his and
  564. 21:51said they haven't had a real bath in 9
  565. 21:54days. Walter and June Oaks, a retired
  566. 21:56couple in the fourth house, watered
  567. 21:58their tomato plants back to life. June
  568. 22:01brought me a jar of pickled okra as a
  569. 22:02thank you. And when I said I didn't
  570. 22:04really like okra, she said, "Nobody
  571. 22:06really likes okra. You eat it anyway.
  572. 22:09That's how you know you're from here."
  573. 22:11Brenda Kay in the sixth house, a single
  574. 22:13mother who worked double shifts as a
  575. 22:15nursing aid in West Plains came by late
  576. 22:17after dark. Always tired, always
  577. 22:19apologizing for being tired. She told me
  578. 22:22she was behind on her HOA dues. She said
  579. 22:25it the way people confess something
  580. 22:26shameful. Behind on what exactly? I
  581. 22:29asked. What does the HOA do for this
  582. 22:31lane? She thought about it and then
  583. 22:33laughed. They send letters, she said.
  584. 22:36About my trash cans. Loretta had me to
  585. 22:39dinner on a Sunday. Pot roast cornbread,
  586. 22:41sweet tea so strong it could strip
  587. 22:43paint. Over pie, she told me what it had
  588. 22:46been like to live in phase 1 for 40
  589. 22:48years. When we moved in, there was no
  590. 22:50phase 2. There was just us 11 houses in
  591. 22:53the woods. Then in the early 2000s, the
  592. 22:56developers came and built those big
  593. 22:58houses up the ridge. And one day, we got
  594. 23:00a letter saying we were now part of the
  595. 23:02Aspen Crest Homeowners Association.
  596. 23:05There was a meeting. A nice young lawyer
  597. 23:08punching cookies. They said it would
  598. 23:10raise our property values. Did it? She
  599. 23:13smiled into her tea. It raised our dues.
  600. 23:16It raised their property values.
  601. 23:18Somewhere in there, I think we were
  602. 23:19supposed to be grateful. Do they ever
  603. 23:22come down here only to measure our
  604. 23:24grass? The satire of it all was so
  605. 23:27complete that it was almost beautiful.
  606. 23:29Up on the ridge, the people who wrote
  607. 23:31the rules had lawns that drank more
  608. 23:32water in a day than Loretta used in a
  609. 23:35week. Down on the lane, the people who
  610. 23:37followed the rules were carrying
  611. 23:38buckets. And between them, on a piece of
  612. 23:41land that everyone had written off as
  613. 23:42worthless. A spring had been running the
  614. 23:45whole time, clean and cold and silent,
  615. 23:46waiting for someone to care enough to
  616. 23:48look. It was Hector who finally asked me
  617. 23:50the question I had been avoiding. We
  618. 23:52were standing by the tank at dusk. His
  619. 23:54kids were chasing fireflies in Loretta's
  620. 23:57yard. You've done all this for us, he
  621. 23:59said. What do you need, Luke? I told him
  622. 24:02the truth. I told him about the gate and
  623. 24:04the letter in page 15. I told him about
  624. 24:06Frank and the list at the recorder's
  625. 24:08office and the machine that had been
  626. 24:10going around and around for 7 years. And
  627. 24:12I told him about the bank and the number
  628. 24:14that was no longer 90. 51 days, I said.
  629. 24:18If I don't have a legal road by then, I
  630. 24:20lose the loan. If I lose the loan, I
  631. 24:22lose the land. And they buy it back for
  632. 24:25half. Hector did not say anything. He
  633. 24:28turned and looked down the lane, then
  634. 24:29back up toward my property. Loretta had
  635. 24:32been sitting on her porch steps
  636. 24:33listening. She stood up slowly, one hand
  637. 24:35on the railing. "Luke," she said, "come
  638. 24:38here. I want to show you something." She
  639. 24:40walked me behind her house, past the
  640. 24:42tank to a narrow gravel track I had seen
  641. 24:44a dozen times without really seeing it.
  642. 24:46It ran along the back of all 11
  643. 24:49properties behind the sheds and the
  644. 24:50gardens and the clothes lines from one
  645. 24:53end of the lane to the other. That's the
  646. 24:55old service road, she said. The county
  647. 24:57used it back when they read the meters
  648. 24:59by hand. Each of us owns the stretch
  649. 25:01behind our own house. It runs from your
  650. 25:04lower corner right up there where the
  651. 25:06creek goes underground all the way down
  652. 25:08to County Road 214. I stared at it. A
  653. 25:12road. A real road. Not through Aspen
  654. 25:15Crest around. If all 11 of us gave you
  655. 25:18the right to use it, Loretta said, you'd
  656. 25:20have your access. You wouldn't need
  657. 25:22their gate at all. It took less than one
  658. 25:25evening. We gathered on Loretta's porch
  659. 25:27with a legal pad and a pen. I had
  660. 25:29drafted a simple access agreement with
  661. 25:31the help of a free template and a phone
  662. 25:34call to a lawyer in Springfield who took
  663. 25:36pity on me. Each household would grant
  664. 25:38me a permanent right to cross their
  665. 25:40section of the service road. In
  666. 25:43exchange, I promised to maintain the
  667. 25:44gravel and to keep the water flowing.
  668. 25:47Loretta signed first, then Walter and
  669. 25:49June, then Hector and his wife Anna,
  670. 25:51then the Pattersons, thenWGW's old Mr.
  671. 25:54Crowley, who had to be helped down his
  672. 25:56steps. Brenda Kay signed last after her
  673. 25:59night shift in her scrubs with a pen
  674. 26:01borrowed from June. 11 signatures. Not
  675. 26:04one person hesitated. Not one person
  676. 26:06asked what was in it for them. I drove
  677. 26:09home that night to my truck parked a
  678. 26:10mile from my land, and I slept better
  679. 26:12than I had since June. At 7 the next
  680. 26:15morning, I drove my truck around to the
  681. 26:17bottom of the lane where the service
  682. 26:19road met County Road 214. I wanted to
  683. 26:23see the route with my own eyes before I
  684. 26:24called the bank. The road was blocked,
  685. 26:27not by a gate, by boulders, six of them,
  686. 26:30each the size of a washing machine laid
  687. 26:32out in a neat line across the mouth of
  688. 26:34the gravel track, half buried in soil
  689. 26:36and grown over with weeds. They had
  690. 26:38clearly been there for years. I found
  691. 26:40Loretta already on her porch. The HOA
  692. 26:42put those there. She said back in 2011
  693. 26:46said people were using the service road
  694. 26:48to sneak into Aspen Crest security they
  695. 26:50called it. Nobody argued. Nobody ever
  696. 26:53argues. By noon, a letter arrived at
  697. 26:56each of the 11 houses. The same cream
  698. 26:58colored stationery. The same little
  699. 27:01aspen leaf. It informed the residents of
  700. 27:03phase 1 that the Aspen Crest governing
  701. 27:06documents prohibited members from
  702. 27:08granting any easement or right of access
  703. 27:10to non-members. It said that any
  704. 27:12homeowner who permitted parcel 7 to use
  705. 27:15the service road or who disturbed the
  706. 27:17security installations at its entrance
  707. 27:19would be subject to fines of $250 per
  708. 27:22day per household. And that unpaid fines
  709. 27:24would be recorded as leans against their
  710. 27:26homes. leans against their homes over a
  711. 27:30gravel road behind their clothes lines.
  712. 27:33I watched 11 families read that letter
  713. 27:35on their porches. I watched some of them
  714. 27:37fold it carefully and put it back in the
  715. 27:39envelope as if paper could be unread.
  716. 27:42And two days later, while I stood in my
  717. 27:44camp trying to figure out how many days
  718. 27:45I had left. Gwen Harkort walked through
  719. 27:48my woods for the first time. She was
  720. 27:50wearing white linen and expensive hiking
  721. 27:52boots that had never met mud. Dale
  722. 27:54Mercer, the association treasurer,
  723. 27:56trailed a few steps behind her, sweating
  724. 27:58heavily and swatting at Nats. She looked
  725. 28:01around at my tent in my cot with the
  726. 28:03expression of a woman touring a
  727. 28:05disappointing rental. Mr. Hadley, she
  728. 28:07said, I'll come straight to the point.
  729. 28:10The board has reconsidered its position
  730. 28:12regarding parcel 7. We are prepared to
  731. 28:14purchase the property back from you. I
  732. 28:17waited for the insult. half, less than
  733. 28:19half whatever the machine usually paid
  734. 28:22for $296,000,
  735. 28:24she said. Double exactly double what I
  736. 28:28had paid. Dale was looking at his shoes.
  737. 28:31Gwen was looking at me with a perfect,
  738. 28:33pleasant stillness. I had spent 2 months
  739. 28:35learning how that machine worked. It
  740. 28:37never paid more. It only waited and paid
  741. 28:40less. So why suddenly were they willing
  742. 28:42to pay twice as much for a piece of land
  743. 28:44they had spent seven years insisting was
  744. 28:47worthless?
  745. 28:48No, I said. Her smile did not move, but
  746. 28:51something behind it did. I'd think very
  747. 28:54carefully, Mr. Hadley. Offers like this
  748. 28:56don't come twice. After they left, I
  749. 28:59stood at the edge of the thicket and
  750. 29:00looked down into the green shadow where
  751. 29:02the creek was running, and I realized I
  752. 29:04already knew the answer. Part four.
  753. 29:09In the weeks since I had laid the pipe,
  754. 29:11something had been happening on the lane
  755. 29:12that no one had quite noticed because it
  756. 29:15happened slowly the way good things
  757. 29:16usually do. Loretta noticed at first.
  758. 29:19She came up to my camp on a Tuesday
  759. 29:21morning, breathless from the climb, and
  760. 29:23said, "Luke, my well." I thought
  761. 29:26something had gone wrong. It hadn't. The
  762. 29:28pump in her dry well, the one that had
  763. 29:30been sucking air since June had started
  764. 29:31pulling water again. Not much, a thin
  765. 29:34sputtering flow, but water. That
  766. 29:37afternoon, Hector told me the same
  767. 29:39thing. Then, Walter Oaks, I walked down
  768. 29:42to the lowest corner of my land where
  769. 29:44the creek slipped into the limestone and
  770. 29:46disappeared. For weeks, part of it of
  771. 29:49its flow had been diverted into my pipe
  772. 29:51and down to the tank behind Loretta's
  773. 29:53house. The overflow from that tank ran
  774. 29:55out across her backyard and soaked into
  775. 29:58the ground. and the water that I was not
  776. 30:00using at all the rest of the creek still
  777. 30:02went where it had always gone down into
  778. 30:04the rock under the hill toward the lane.
  779. 30:07I finally understood the creek was not
  780. 30:09just a creek. It was the source. It fed
  781. 30:12the shallow groundwater under phase 1.
  782. 30:14In a normal year, there was enough rain
  783. 30:16on the hill to keep those wells alive
  784. 30:18regardless. But in a drought like this
  785. 30:20one, the spring was all they had. And by
  786. 30:23moving some of that water to the surface
  787. 30:24near their homes, I had helped it reach
  788. 30:27them faster. For 50 years, 11 families
  789. 30:30had been drinking from a spring they had
  790. 30:31never seen. Neither had anyone else. Two
  791. 30:35days later, the county posted a public
  792. 30:36notice in the West Plains Daily Quill.
  793. 30:39The Aspen Crest community, well, a deep,
  794. 30:41expensive private well that served every
  795. 30:44house in phase 2 was showing a severe
  796. 30:46decline in water level. The association
  797. 30:49had been ordered to implement mandatory
  798. 30:51restrictions immediately. Lawn
  799. 30:53irrigation was banned. The notice said
  800. 30:55that if levels continued to fall, the
  801. 30:57well could fail entirely within weeks. I
  802. 30:59read that notice sitting on a rock
  803. 31:01beside the spring pool, and I laughed
  804. 31:03out loud alone in the woods because
  805. 31:05there was nothing else to do. Now I knew
  806. 31:07why Gwen Harkort had walked through my
  807. 31:09woods in white linen and offered me
  808. 31:11double. Somebody on the land had told
  809. 31:13somebody on the ridge where the water
  810. 31:15was coming from. And Aspen Crest, whose
  811. 31:17wells were dying, had learned that the
  812. 31:19land they had sold three times as
  813. 31:21worthless, was sitting on the only
  814. 31:23reliable water on the hill. They did not
  815. 31:25want my land anymore. They wanted my
  816. 31:27spring. The association did not come at
  817. 31:30me directly again. They were smarter
  818. 31:32than that. They went down the lane
  819. 31:34instead. Over the course of a single
  820. 31:36week, a letter went to every house in
  821. 31:38phase one. It offered a community
  822. 31:40reconciliation package. Any household
  823. 31:43that formally withdrew its consent to
  824. 31:45the parcel 7 access agreement would
  825. 31:47receive a full waiver of any past due
  826. 31:49assessments and two years of free dues.
  827. 31:52The letter described this as a gesture
  828. 31:54of goodwill. It was not a gesture of
  829. 31:56goodwill. It was a price in households
  830. 31:58tore up the letter. One did not. Brenda
  831. 32:01Kay came to see me on a Saturday
  832. 32:03morning. She was not in her scrubs. She
  833. 32:05looked like she had not slept. She stood
  834. 32:08at the edge of my camp with her arms
  835. 32:09folded tightly like she was cold in
  836. 32:11100°. I owe them $4,000, she said in
  837. 32:15back dues and fines, trash cans, fence
  838. 32:17color. A dead shrub. They said if I
  839. 32:20don't sign, they'll put a lean on my
  840. 32:22house. Luke, I have two kids. I cannot
  841. 32:24lose that house. I know, I said. I'm so
  842. 32:27sorry. I know, I said again. And I meant
  843. 32:30it. She signed their withdrawal that
  844. 32:32afternoon. The next morning, a small
  845. 32:34wooden fence went up across the service
  846. 32:36road behind her house, section six,
  847. 32:39right in the middle of the lane. The
  848. 32:41road was cut in half. Then the bank
  849. 32:42called, "Luke, I'm sorry to push, but I
  850. 32:45need to set expectations. You have 10
  851. 32:47days. If we don't have a recorded access
  852. 32:50agreement on the title, the approval
  853. 32:52expires, and I won't be able to get it
  854. 32:54through again." Then Mr. Toiver, the
  855. 32:56code inspector, left a polite voicemail
  856. 32:58reminding me that my 30 days to remove
  857. 33:00the camp were nearly up. I have been
  858. 33:03asked since what the worst night was. It
  859. 33:05was that one. I sat inside the tent with
  860. 33:08a flashlight clamped between my knees,
  861. 33:10the heat still pressing down even after
  862. 33:12sunset, and I wrote a letter on a yellow
  863. 33:14legal pad. It was addressed to the Aspen
  864. 33:17Crest Homeowners Association. It said
  865. 33:19that I would accept their offer to
  866. 33:21purchase parcel 7. I wrote it neatly. I
  867. 33:24signed it. I folded it into thirds and
  868. 33:26put it in an envelope. Then I sat there
  869. 33:28and listened to the creek. You could
  870. 33:30hear it at night if the wind was still.
  871. 33:32That low patient murmur from the ravine.
  872. 33:35It had been running before Aspen Crest
  873. 33:37existed. Before phase 1 was built,
  874. 33:39before the old service road was graded,
  875. 33:41before anyone in this county had a name
  876. 33:43for any of it, it would be running long
  877. 33:45after Gwen Hardcourt and I were both
  878. 33:46forgotten. [clears throat] It did not
  879. 33:48care who owned it. It did not care about
  880. 33:50gates or boards or leans. It just kept
  881. 33:53going, finding its way through the
  882. 33:54stone, reaching the places that needed
  883. 33:56it, whether anyone noticed or not. And I
  884. 33:59thought about Frank Dillard sitting on
  885. 34:01his tailgate saying they did not sell
  886. 34:03land up there. They sold time. They just
  887. 34:06waited until you ran out. I had 10 days
  888. 34:08of time left. The envelope could wait
  889. 34:11nine of them. I did not send it. The
  890. 34:14next morning, I drove back to the
  891. 34:15recorder of deeds in West Plains. Deb
  892. 34:18looked up from the counter and said back
  893. 34:20again. I've been looking at the wrong
  894. 34:22land, I said. I want everything you have
  895. 34:24on phase one from the beginning. The
  896. 34:28original declaration of covenants for
  897. 34:29the 11 houses on the lane was recorded
  898. 34:32in 1978. It was nine pages long. It said
  899. 34:36nothing about any homeowners
  900. 34:37association, just simple rules, single
  901. 34:40family homes, no livestock larger than a
  902. 34:42goat. Maintain your fences. Then I
  903. 34:45searched for the document Loretta had
  904. 34:46described the meeting in the early
  905. 34:482000s. The nice young lawyer, the punch
  906. 34:51and cookies, the paper that had made
  907. 34:53phase 1 part of Aspen Crest. Loretta
  908. 34:56still had her copy in a folder in her
  909. 34:58hall closet and she had given it to me.
  910. 35:00It was titled supplemental declaration
  911. 35:02of annexation. It was dated September
  912. 35:052004. It bore the signatures of the
  913. 35:08association president at the time and
  914. 35:11seven of the 11 phase 1 homeowners. I
  915. 35:13asked Deb for the recorded version. She
  916. 35:16searched. She searched again. She went
  917. 35:18into the back and searched the physical
  918. 35:21index books. She came back with an odd
  919. 35:23look on her face. Hun, there's no record
  920. 35:25of that document ever being filed. Could
  921. 35:28it be under a different name? I checked
  922. 35:30Aspen Crest, the developer named the lot
  923. 35:32numbers in every phase 1 owner of record
  924. 35:35in 2004. It was never recorded, not in
  925. 35:38this county. I asked her what that
  926. 35:41meant. She was not a lawyer and said so,
  927. 35:44but she said something I will never
  928. 35:45forget. In this state, if it isn't
  929. 35:48recorded, it doesn't bind the land. A
  930. 35:50piece of paper in a closet is just a
  931. 35:52piece of paper in a closet. I took
  932. 35:54everything to the lawyer in Springfield.
  933. 35:57He read it twice and then leaned back in
  934. 35:58his chair and let out a long breath. Mr.
  935. 36:01Hadley, as far as the public record is
  936. 36:03concerned, those 11 houses have never
  937. 36:05been part of Aspenrest. The annexation
  938. 36:08was never completed. The association has
  939. 36:10no authority over them. None. Not for
  940. 36:13dues, not for fines, not for leans, and
  941. 36:16certainly not for a gravel road behind
  942. 36:18their houses. 20 years of dues. 20 years
  943. 36:22of letters about trash cans and fence
  944. 36:24colors. Six boulders across a service
  945. 36:26road. A $4,000 debt hanging over a
  946. 36:30single mother's house. All of it built
  947. 36:32on a document someone forgot to file.
  948. 36:34But I needed one more thing before I
  949. 36:36went back to the lane. I needed to know
  950. 36:38if page 15 had ever existed. The first
  951. 36:41buyer of Parcel 7, Nolan Pierce, was
  952. 36:44listed in the 2018 deed with a
  953. 36:46forwarding address in Springfield. I
  954. 36:49found him in a small brick house near
  955. 36:51the university, a retired school
  956. 36:53principal who did not seem entirely
  957. 36:55surprised to see me. "You bought the
  958. 36:57land," he said. "I'm the third." He
  959. 37:00nodded slowly and led me to a filing
  960. 37:01cabinet in his garage. He had kept
  961. 37:04everything. Nolan was that kind of man.
  962. 37:07His disclosure packet from 2017 was
  963. 37:09complete. Page 14. Page [clears throat]
  964. 37:1315. Page 16. Section 15. Access and
  965. 37:16easements. one paragraph long. Parcel 7
  966. 37:20has no legal access through Aspen Crest
  967. 37:22private roads. Access to parcel 7 is not
  968. 37:26a right of ownership and is subject to
  969. 37:28the sole discretion of the board. In
  970. 37:302017, the association had told the
  971. 37:32truth. Nolan had simply trusted that a
  972. 37:35reasonable board would be reasonable. In
  973. 37:382019, when Frank bought page 15 was
  974. 37:40gone. In 2026, when I bought page 15 was
  975. 37:44gone, they had learned. After the first
  976. 37:46time, they had learned that people read
  977. 37:48and so they took out the page. Nolan let
  978. 37:51me borrow his packet. I drove back to
  979. 37:54the lane that evening and knocked on
  980. 37:55Brenda Kay's door. She answered in her
  981. 37:58scrubs, a kid on her hip. When she saw
  982. 38:00me, her face went pale with guilt. Luke,
  983. 38:03I told you I can't. I know. I'm not here
  984. 38:05to ask you anything. I'm here to show
  985. 38:07you something. I laid it out on her
  986. 38:10kitchen table. The 1978 covenants,
  987. 38:13Loretta's unrecorded annexation paper,
  988. 38:16the county certification that it had
  989. 38:18never been filed. The lawyer's letter.
  990. 38:20She read it all slowly twice. So they
  991. 38:24can't, she whispered. They can't take my
  992. 38:27house. They never could. She put her
  993. 38:30hand over her mouth and then she cried.
  994. 38:32Not quietly. The kind of crying that has
  995. 38:35been waiting for years. Her six-year-old
  996. 38:37stared at her in alarm and then at me.
  997. 38:39And I did not know what to say, so I
  998. 38:41just stood there. Then Brenda went to
  999. 38:43the garage, came back with a claw
  1000. 38:45hammer, walked out the back door in the
  1001. 38:47dark, and began pulling the nails out of
  1002. 38:49the little wooden fence across the
  1003. 38:50service road. That Saturday, all 11
  1004. 38:53families of the lane gathered at the
  1005. 38:55bottom of the service road where six
  1006. 38:56boulders had sat in a neat line for 15
  1007. 38:58years. Hector brought a borrowed tractor
  1008. 39:01with a front loader. Walter Oaks brought
  1009. 39:04chains. The kids brought popsicles and
  1010. 39:06sat on Loretta's fence to watch. One by
  1011. 39:09one, we pulled the boulders out of the
  1012. 39:10ground. Hector rolled the last one into
  1013. 39:13the ditch, climbed down from the seat,
  1014. 39:15and wiped his forehead. And for a
  1015. 39:16moment, nobody said anything. They just
  1016. 39:19stood there looking at a gravel road
  1017. 39:20that had always been theirs. On Monday,
  1018. 39:23the new access agreement signed again by
  1019. 39:25all 11 households was recorded with the
  1020. 39:27county 3 days before the bank's
  1021. 39:29deadline. On Tuesday afternoon, a dump
  1022. 39:32truck full of crushed gravel turned off
  1023. 39:34County Road 214, rolled up the old
  1024. 39:36service road behind 11 houses, past 11
  1025. 39:39porches, and all the way up to the
  1026. 39:42southern corner of my land. It did not
  1027. 39:44stop at any gate. There was no gate. In
  1028. 39:47the second week of August, the Aspen
  1029. 39:49Crest community well went dry. It did
  1030. 39:51not happen dramatically. There was no
  1031. 39:54explosion, no geyser, no sirens. One
  1032. 39:57morning, the taps in 42 stone houses on
  1033. 39:59the ridge sputtered, coughed, and
  1034. 40:01stopped. That was all. The most
  1035. 40:03expensive neighborhood in the county
  1036. 40:04became overnight a place where people
  1037. 40:06carried water. By noon, there were
  1038. 40:08pallets of bottled water stacked outside
  1039. 40:10the clubhouse. By evening, the grocery
  1040. 40:13stores in West Plains were running low.
  1041. 40:15Residents of phase 2 people who had
  1042. 40:17spent years finding their neighbors over
  1043. 40:19the length of their grass drove down the
  1044. 40:22hill in German SUVs to fill jugs at the
  1045. 40:24county fairgrounds where the National
  1046. 40:26Guard had set up a tanker for drought
  1047. 40:28relief. And below them on the lane,
  1048. 40:30Loretta Banks was watering her roses. I
  1049. 40:33do not tell that part to be cruel. I
  1050. 40:35tell it because it is true and because
  1051. 40:37some truths are so perfectly shaped that
  1052. 40:40you do not need to decorate them. The
  1053. 40:42people at the top of the hill had spent
  1054. 40:4420 years convinced that everything
  1055. 40:46valuable flowed downhill toward them.
  1056. 40:49They had never once imagined that the
  1057. 40:50most valuable thing on the hill had been
  1058. 40:52flowing the other way. 2 days after the
  1059. 40:55well failed, the association called an
  1060. 40:57emergency meeting in the clubhouse. It
  1061. 40:59was open to all members. Loretta, who
  1062. 41:01was technically no longer a member of
  1063. 41:02anything, insisted on going anyway, and
  1064. 41:05so all 11 households of the lane went
  1065. 41:07with her. So did I. The clubhouse was
  1066. 41:10the kind of room that is built to make
  1067. 41:12ordinary people feel small. Vaulted
  1068. 41:15ceilings, a stone fireplace nobody had
  1069. 41:18ever lit. A long table at the front with
  1070. 41:20a microphone and a [clears throat]
  1071. 41:22picture of water that under the
  1072. 41:23circumstances looked almost like a
  1073. 41:25provocation. Gwen Harkort sat at the
  1074. 41:27center of the table. Dale Mercer sat
  1075. 41:30beside her, shuffling papers. She did
  1076. 41:32not look at me when she began. She spoke
  1077. 41:35about the crisis. She spoke about the
  1078. 41:37dedication of the board. She spoke about
  1079. 41:40emergency funds in water trucks and the
  1080. 41:42patience of the community. And then in
  1081. 41:44the same pleasant, reasonable tone she
  1082. 41:47had used on the phone with me the first
  1083. 41:48morning she made her proposal. The board
  1084. 41:51has
  1085. 41:54learned she said that a significant
  1086. 41:55freshwater source has been identified on
  1087. 41:57the parcel adjacent to our community. A
  1088. 42:00spring. We have reason to believe this
  1089. 42:02spring originates from the geological
  1090. 42:04formations underlying Aspen Crest
  1091. 42:06Commonland. As such, the association has
  1092. 42:09a legitimate claim to its use. The board
  1093. 42:11is requesting authorization to pursue
  1094. 42:14legal action to secure access to this
  1095. 42:16water for the benefit of all members.
  1096. 42:19There were murmurss, heads nodded.
  1097. 42:21People were thirsty, and thirsty people
  1098. 42:23like to hear that someone has a plan. I
  1099. 42:26stood up. Ms. Hardcourt, I said. I'd
  1100. 42:29like to invite the board and anyone else
  1101. 42:31who wants to come to take a walk with me
  1102. 42:33right now. It's about 15 minutes. She
  1103. 42:36hesitated for only a second, but it was
  1104. 42:38a public meeting and 40 people turned to
  1105. 42:41look at her and she could not say no
  1106. 42:43without looking like she had something
  1107. 42:44to hide. We went down the service road.
  1108. 42:47All of us, the board, the residents of
  1109. 42:49phase 2 in their press shorts and clean
  1110. 42:51sneakers, the 11 families of the lane, a
  1111. 42:54couple of teenagers filming on their
  1112. 42:56phones. A procession of maybe 60 people
  1113. 42:58winding up the old gravel track behind
  1114. 43:00Loretta's clothesline, past the tank, up
  1115. 43:03into my land, and along the path I had
  1116. 43:05cut through the thicket. At the rim of
  1117. 43:07the ravine, people went quiet. I do not
  1118. 43:10think most of them had any idea what
  1119. 43:11they were going to see. They had heard
  1120. 43:13the word spring and pictured, I don't
  1121. 43:15know, a garden hose coming out of a
  1122. 43:16rock. What they saw instead was the
  1123. 43:18green cool hidden world at the bottom of
  1124. 43:20that ravine. The ferns, the water
  1125. 43:22crests, the clear water moving over
  1126. 43:24stones in the middle of the worst
  1127. 43:26drought of their lives. Somebody behind
  1128. 43:28me said very softly, "Oh my God." I led
  1129. 43:31them upstream along the floor of the
  1130. 43:33ravine, 300 yd to the wall of stone, to
  1131. 43:36the pool, to the place where the water
  1132. 43:39came up out of the earth, steady and
  1133. 43:40cold and indifferent to all of us. Then
  1134. 43:43I handed Gwen Harkord a copy of the
  1135. 43:45county survey with the springs GPS
  1136. 43:47coordinates marked in red ink and the
  1137. 43:49Aspen Crest common land boundary marked
  1138. 43:52in blue 211 yd. I said that's the
  1139. 43:56distance between this spring and the
  1140. 43:57nearest inch of Aspen Crest property. It
  1141. 43:59comes out of the rock here on my land
  1142. 44:01and flows south away from your
  1143. 44:03community, not toward it. There is no
  1144. 44:05geological formation underlying your
  1145. 44:07common land that feeds it. You can hire
  1146. 44:09a hydraologist if you'd like. I already
  1147. 44:12did. He was very expensive and he's very
  1148. 44:14sure. Gwen looked at the map for a long
  1149. 44:17time. She did not look at the spring.
  1150. 44:20Dale standing beside her finally said
  1151. 44:22the thing everyone was thinking. Gwen,
  1152. 44:24he said quietly. There's no case. The
  1153. 44:28walk back was very quiet, but the
  1154. 44:30evening was not over. Because I had
  1155. 44:31asked for one more item to be placed on
  1156. 44:33the agenda, and the association's own
  1157. 44:36bylaws required any member in good
  1158. 44:38standing to be allowed 5 minutes of
  1159. 44:40public comment. I was not a member, but
  1160. 44:42Frank Dillard, it turned out, had been
  1161. 44:44one once, and Nolan Pierce, too. And
  1162. 44:46both of them had kept their original
  1163. 44:48membership certificates, which had never
  1164. 44:50been formally revoked. When we returned
  1165. 44:53to the clubhouse, Frank stood up first.
  1166. 44:55He did not use the microphone. He did
  1167. 44:58not need to. He told the room in the
  1168. 45:00same flat tired voice he had used on his
  1169. 45:02tailgate in June. How he had bought
  1170. 45:04parcel 7 in 2019. How his gate coat had
  1171. 45:07stopped working 3 days later. How he had
  1172. 45:10lasted 14 months and how the association
  1173. 45:12had bought his land back for less than
  1174. 45:14half of what he paid. Then Nolan Pier
  1175. 45:17stood up and told the same story 2 years
  1176. 45:18earlier with the same ending. Then I
  1177. 45:21stood up and I laid three disclosure
  1178. 45:23packets on the table in front of the
  1179. 45:24board. Nolan's from 2017. Frank's from
  1180. 45:282019. Mine from this year. In 2017, I
  1181. 45:32said the association told the truth.
  1182. 45:34Page 15, section 15, access and
  1183. 45:36easements. It says parcel 7 has no legal
  1184. 45:39access through Aspen Crest Roads. In
  1185. 45:422019, the page was gone. This year, it
  1186. 45:45was gone again. The table of contents
  1187. 45:47still lists it. Someone took it out by
  1188. 45:49hand. I turned to the room. Three times
  1189. 45:52this association sold a piece of land it
  1190. 45:55knew had no road. Three times it locked
  1191. 45:57the gate. Twice it bought the land back
  1192. 45:59for less than half and kept the
  1193. 46:01difference. That money went into your
  1194. 46:03accounts. Some of you are sitting in the
  1195. 46:05clubhouse it helped pay for. I don't
  1196. 46:07think most of you knew. But now you do.
  1197. 46:10There was no shouting. That is the thing
  1198. 46:12I remember. I most nobody shouted.
  1199. 46:15People just looked at each other and
  1200. 46:17then at the board and then at the three
  1201. 46:19stacks of paper on the table. The
  1202. 46:21silence in that room was louder than any
  1203. 46:23argument I have ever heard. An older man
  1204. 46:25in the third row, a retired dentist
  1205. 46:27named Harold Wit, stood up and said, "I
  1206. 46:29move that the board be removed effective
  1207. 46:32immediately." Someone seconded. The vote
  1208. 46:35was not close. Gwen Harkort gathered her
  1209. 46:38papers without a word and walked out
  1210. 46:40through the side door. Dale Mercer sat
  1211. 46:42there for a long moment staring at the
  1212. 46:44picture of water on the table and then
  1213. 46:46he followed her. They had spent 7 years
  1214. 46:48waiting for other people to run out of
  1215. 46:50time. That night it finally happened to
  1216. 46:53them. I have been asked since whether I
  1217. 46:55sold the association any water, whether
  1218. 46:58I made them pay, whether I got even. The
  1219. 47:01answer is no. A few weeks after the
  1220. 47:03meeting, the new board asked very
  1221. 47:05politely whether I would be willing to
  1222. 47:06sell them the rights to the spring. I
  1223. 47:09told them the spring was not for sale.
  1224. 47:10It never was. It did not belong to me
  1225. 47:13any more than the rain belonged to the
  1226. 47:15clouds. What I did instead was this. At
  1227. 47:17the bottom of the service road where the
  1228. 47:19six boulders used to sit, I installed a
  1229. 47:21public water spigot fed by the pipe from
  1230. 47:23the spring with a small wooden sign
  1231. 47:26beside it. It said, "Take what you need.
  1232. 47:29Anyone could use it. The families of the
  1233. 47:31lane, the farmers from down the county
  1234. 47:33road, and yes, the families of Aspen
  1235. 47:36Crest until the rains came back and
  1236. 47:38their new well was drilled in October. I
  1237. 47:40did it free because the spring had never
  1238. 47:42cost me anything except the effort of
  1239. 47:44looking. Some of them came in the early
  1240. 47:46mornings when they thought no one would
  1241. 47:48see. They filled their jugs quietly and
  1242. 47:51did not make eye contact. I always said
  1243. 47:53good morning anyway. More than one of
  1244. 47:55them eventually said it back. In
  1245. 47:58September, the 11 families of the lane
  1246. 48:00formally notified the county that they
  1247. 48:02had never been members of the Aspen
  1248. 48:03Crest Homeowners Association. The
  1249. 48:06association did not contest it. Brenda
  1250. 48:08Kay's $4,000 DB was wiped out with a
  1251. 48:11single sentence in a single letter. She
  1252. 48:13framed that letter and hung it in her
  1253. 48:15kitchen right next to her kids' school
  1254. 48:17photos. The county raided the old
  1255. 48:19service road as a permanent private
  1256. 48:20access route. The bank dispersed my
  1257. 48:23construction loan. Mr. Toiver, the code
  1258. 48:25inspector, came by one afternoon to
  1259. 48:27approve my septic plan and stayed an
  1260. 48:29hour because I had made coffee with
  1261. 48:31spring water and he said it was the best
  1262. 48:33cup he'd had all year. And on the first
  1263. 48:35cool morning of October, a flatbed truck
  1264. 48:38turned off County Road 214. It was Ray
  1265. 48:41the driver from Joplain. the same man
  1266. 48:43who had idled outside the Aspen Crest
  1267. 48:45gate on the first morning and told me he
  1268. 48:47had never seen a seller locked the buyer
  1269. 48:49out. He drove up the service road
  1270. 48:52slowly, the cabin material strapped down
  1271. 48:54on his trailer. And as he went by, the
  1272. 48:56families of the lane came out onto their
  1273. 48:58porches. Loretta with her cane, Walter
  1274. 49:00and Jun Oaks, Hector and Anna with their
  1275. 49:03three kids waving, Brenda Kay and her
  1276. 49:05scrubs holding a coffee mug, Old Mister
  1277. 49:08Crowley helped to his railing by his
  1278. 49:10grandson. 11 porches, 11 families.
  1279. 49:14Standing there in the cool morning
  1280. 49:16light, watching a truck go by on a road
  1281. 49:18that had always been theirs. At the
  1282. 49:20bottom of the road, there is a new sign
  1283. 49:21now. Hector painted it. White letters on
  1284. 49:24a green board. 11 lane. My cabin sits on
  1285. 49:28a little rise above the ravine. Now from
  1286. 49:31the porch, if the wind is still, I can
  1287. 49:33hear the creek running at night. The
  1288. 49:35same low, patient murmur I heard the
  1289. 49:37first day I cut my way into the thicket.
  1290. 49:39I think about it often. how that water
  1291. 49:41had been there the whole time before the
  1292. 49:44gate, before the letters, before the
  1293. 49:46machine started turning, running through
  1294. 49:48the dark under three owners and seven
  1295. 49:51years and a 100 walks through the woods.
  1296. 49:53While everyone looked right past it,
  1297. 49:55nothing had hidden it. Nobody had buried
  1298. 49:57it. It had simply been in the one place
  1299. 50:00no one bothered to look beneath the
  1300. 50:01thorns, beneath what was inconvenient,
  1301. 50:03beneath what was easy to dismiss. The
  1302. 50:06people on the ridge believed the
  1303. 50:07valuable things were the ones you could
  1304. 50:09see from the road. The stone houses, the
  1305. 50:12green lawns, the gate that opened for
  1306. 50:14some cars and not for others. They were
  1307. 50:17wrong. The most valuable things on that
  1308. 50:19hill had always been the quiet ones. A
  1309. 50:21spring in a ravine, a gravel road behind
  1310. 50:24the clothes lines. 11 families who
  1311. 50:27signed their names without asking what
  1312. 50:29was in it for them. I paid $148,000 for
  1313. 50:3260 acres of land with no road. It turned
  1314. 50:36out I had bought the only thing on that
  1315. 50:37hill that was worth anything at all. And
  1316. 50:40the road, when I finally found it, had
  1317. 50:42been there the whole time, too. It just
  1318. 50:44ran through my neighbors backyards. The
  1319. 50:46end.

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