HOA Sold Me a Landlocked Property — Then 11 Neighbors Gave Me a Way In — Transcript
Full transcript
- 0:00I have a delivery for the main house.
- 0:02Look at the permit right here. Sir, this
- 0:04is not a valid permit. You need to turn
- 0:06this truck around.
- 0:07>> The gate code worked on Tuesday. I know
- 0:10it worked because I typed it myself four
- 0:12digits 7219 and watched the black iron
- 0:16arms of the Aspen Crest entrance swing
- 0:18open like a butler bowing to a guest.
- 0:21The realtor was in the passenger seat of
- 0:23my truck that day. She said, "Isn't it
- 0:25lovely up here?" and I said yes because
- 0:27it was. On Thursday morning, the day
- 0:30after I signed the papers on 60 acres of
- 0:32land, I typed the same four digits. The
- 0:35keypad beeped twice. A small red light
- 0:37came on. The gate did not move. Behind
- 0:40me, a flatbed truck carrying every board
- 0:42beam and window of the cabin. I had
- 0:44spent 12 years saving for ESAT, idling
- 0:46on the road with its hazard lights,
- 0:48blinking. The driver, a heavy set man
- 0:50named Ray, who had driven 3 hours from
- 0:52Joplain, leaned out his window and
- 0:54called problem. I typed the code again.
- 0:57Two [clears throat] beeps, red light. A
- 0:59security guard stepped out of the little
- 1:01stone guard house beside the gate. He
- 1:03was young, maybe 25, and he held a
- 1:05single sheet of paper the way a man
- 1:07holds something he did not write and
- 1:09does not want to be blamed for. Mr.
- 1:12Hadley, that's me. I'm supposed to give
- 1:15you this. The letter was printed on
- 1:17cream colored stationery with a tasteful
- 1:20little aspen leaf embossed at the top.
- 1:22It was addressed to me by name, which
- 1:24meant someone had prepared it before I
- 1:26ever arrived. It said that parcel 7 was
- 1:28not a member lot of the Aspen Crest
- 1:30Homeowners Association. It said that the
- 1:33private roads of Aspen Crest were
- 1:35reserved for members, their guests, and
- 1:37approved service vehicles. It said that
- 1:39my access credentials had been
- 1:41deactivated effective midnight. It was
- 1:44signed by Gwen Harkcourt, president on
- 1:46behalf of the board of directors. I read
- 1:48it twice. Then I looked up at the guard.
- 1:51The HOA sold me this land. I know, sir.
- 1:55Three days ago. I know, sir. So, the
- 1:58people who sold me a piece of land have
- 2:00locked the only road to it. The guard
- 2:03looked at his shoes. Behind me, Ray's
- 2:05engine rumbled. Somewhere up the hill, a
- 2:07sprinkler was running on a lawn so green
- 2:09it looked painted in the middle of the
- 2:11worst drought southern Missouri had seen
- 2:13in 30 years. That was the first moment I
- 2:15understood that I had not bought land. I
- 2:18had bought a problem that someone else
- 2:19had already solved in their favor. I
- 2:22called this number on the letter. A
- 2:23woman answered on the second ring as if
- 2:25she had been waiting. This is Gwen. Ms.
- 2:28Hardcourt. My name is Luke Hadley. I'm
- 2:31standing at your front gate with a truck
- 2:33full of building materials. I bought
- 2:35parcel 7 from your association on
- 2:37Monday. Yes, Mr. Hadley. Congratulations
- 2:40on your purchase. Her voice was warm.
- 2:43That was the unsettling part. It was the
- 2:45voice of a woman welcoming a new
- 2:47neighbor to a potluck. Your guard just
- 2:49handed me a letter saying I can't use
- 2:51the road. That's correct. Parcel 7 isn't
- 2:54a member lot. Our roads are private. The
- 2:57realtor drove me in on this road. The
- 2:59listing photos were taken from this
- 3:01road. I can't speak to what the realtor
- 3:03did, Mr. Hadley, but I'd encourage you
- 3:05to review your purchase documents.
- 3:07Nothing in the contract guarantees
- 3:09access through Aspen Crest. Then how
- 3:12exactly am I supposed to reach my own
- 3:14property? There was a short pause. When
- 3:16she answered, I could hear that she was
- 3:18smiling. That's really a question for
- 3:20you and your attorney. We're a
- 3:21homeowners association. We're not in the
- 3:24business of building roads for
- 3:25non-members. She said she would be happy
- 3:27to put my request for access on the
- 3:30agenda for the next board meeting. I
- 3:32asked when that was. The 3rd Thursday of
- 3:35October. It was the second week of June.
- 3:37Ray unloaded nothing. He could not
- 3:40legally drive onto private roads to
- 3:41reach my property, and there was no
- 3:43other road. He charged me for the round
- 3:46trip, which was fair, and for the fuel,
- 3:48which was also fair, and he said before
- 3:50he pulled away, "Buddy, I've been
- 3:52hauling cabins for 19 years. I never had
- 3:54a seller lock the buyer out before." I
- 3:57sat in my truck on the shoulder of
- 3:58County Road 214 and pulled out the
- 4:00closing folder. Every page was there
- 4:02clipped and tabbed. purchase agreement,
- 4:05title commitment, plat association,
- 4:09disclosure packet. I turned the pages of
- 4:11the disclosure packet slowly the way you
- 4:13read something when you already
- 4:15suspected is going to hurt you. Page 12,
- 4:18page 13, page 14, page 16. I turn back
- 4:2514. Then 16. [clears throat] The numbers
- 4:28were printed in small gray type at the
- 4:30bottom corner of each page. 14 was
- 4:32titled architectural review guidelines.
- 4:3516 was titled assessments and fees and
- 4:38the table of contents printed on page
- 4:40two listed a section in between. Section
- 4:4315 access and easements. There was no
- 4:46page 15. I had signed a stack of paper 2
- 4:49in thick. I had initialed every page
- 4:52they asked me to initial. And somewhere
- 4:54in that stack, a single sheet had
- 4:56quietly left the room before I walked
- 4:58in. My phone rang while I was still
- 5:00still staring at the gap. It was the
- 5:02loan officer from the bank in West
- 5:04Plains. Luke, good news and a small
- 5:06wrinkle. Your construction loan is
- 5:08approved, but underwriting flagged the
- 5:10access issue on the title report. We
- 5:12need recorded legal access to the parcel
- 5:15before we can disperse. How long do I
- 5:17have? The approval holds for 90 days.
- 5:20After that, we'd have to start over. And
- 5:22honestly, without access, we wouldn't
- 5:24approve it again. 90 days. I did the
- 5:27arithmetic in my head without wanting
- 5:28to. I had spent nearly everything I
- 5:31owned on the land. The loan was supposed
- 5:33to build the house. Without the loan, I
- 5:36could not build. Without a house, I
- 5:38could not live there. And without living
- 5:40there, I would be paying taxes and
- 5:42insurance on 60 acres of trees I could
- 5:44not drive to. The clock started that
- 5:46afternoon. I could almost hear it. The
- 5:49next 10 days taught me what a locked
- 5:51gate actually means. It does not just
- 5:53stop a truck. It stops everything that
- 5:56depends on a truck. The lumber yard in
- 5:58Mountain Grove canceled my order when
- 6:00their driver called ahead and was told
- 6:02by the Aspen Crest Guard that deliveries
- 6:04to Parcel 7 were not authorized. The
- 6:07well drilling company said they could
- 6:09not bring a rig through the woods. The
- 6:11septic contractor laughed not unkindly
- 6:13and said, "Call me when you've got a
- 6:15road." My insurance agent told me she
- 6:18could not write a policy on a structure
- 6:19that emergency vehicles could not reach.
- 6:22The portable toilet company, which I had
- 6:24assumed would deliver anywhere on Earth,
- 6:26declined. I had a pickup truck, a
- 6:29chainsaw, two shovels, a matic, a
- 6:31borrowed wheelbarrow, and a tent. So,
- 6:34that is what I used. I found a spot on
- 6:36the shoulder of the county road where
- 6:38the woods came closest to my property
- 6:40line. From there, it was about half a
- 6:42mile through Oak and Cedar to the
- 6:44southern corner of Parcel 7. I walked it
- 6:47every morning with whatever I could
- 6:49carry. Water jugs, fuel for the saw,
- 6:52tarps, rope, food. On the third day, I
- 6:56carried in a folding table. On the fifth
- 6:58day, I carried in a cot. By the end of
- 7:01the second week, there was a small,
- 7:02stubborn camp in the middle of 60 acres
- 7:04of brush in a path through the woods
- 7:06worn smooth by my boots. People in the
- 7:09Ozarks have a word for land like mine.
- 7:11They call it hollow country. Ridges and
- 7:14ravines folded over each other like a
- 7:16crumpled blanket thick with brush,
- 7:18hiding more than they show. From the
- 7:20air, it all looks the same. From the
- 7:22ground, every fold is its own small
- 7:24world. I did not know that yet. I only
- 7:27knew it was hot and dry, and I was
- 7:29tired. I told myself that I was a
- 7:31mechanic, not a lawyer, and that the
- 7:34only thing I knew how to do with a
- 7:35problem was to take it apart, one bolt
- 7:38at a time. So, I cleared brush. I cut
- 7:40cedar. I stacked deadfall. I found the
- 7:43survey pins at three of the four
- 7:45corners. I worked until my hands shook.
- 7:48And then I sat in the shade and drank
- 7:49water that had gone warm in the jug, and
- 7:52I tried not to think about the number
- 7:5390. On the 12th evening, I was walking
- 7:56back out to my truck when I saw
- 7:58[clears throat] an old pickup parked on
- 7:59the shoulder behind mine. A man was
- 8:01sitting on the tailgate. He was in his
- 8:0370s, lean and sunburned, wearing a feed
- 8:06store cap so faded the logo had become a
- 8:08rumor. He watched me come out of the
- 8:10trees with an empty water jug in each
- 8:12hand. He did not say hello. He said,
- 8:15"So, you're the new one?" I set the jugs
- 8:18down. "The new what?" He tipped his cap
- 8:21back and looked past me toward the ridge
- 8:23where the roofs of Aspen Crest caught
- 8:25the last of the sun. "Son," he said,
- 8:27"you're not the first man they sold that
- 8:29land to. question is which number are
- 8:32you? I did not answer. I did not know
- 8:34the answer. He told me his name was
- 8:36Frank Dillard. He told me that in the
- 8:39spring of 2019 he had bought parcel 7
- 8:41from the Aspen Crest Homeowners
- 8:43Association. He told me that 3 days
- 8:45after closing the gate code he had been
- 8:48given stopped working. Same letter I
- 8:50asked. Same letter, same little leaf at
- 8:53the top. He had lasted 14 months. He had
- 8:56walked the same woods. He had called the
- 8:58same lawyers who told him the same thing
- 9:00he could sue, but it would take years
- 9:02and more money than the land was worth.
- 9:05In the end, the association had offered
- 9:06to buy the parcel back. There was a
- 9:08clause in the contract, a right of first
- 9:10refusal that gave them the first chance
- 9:12to purchase if he ever sold. What did
- 9:15they pay you? Frank looked at the
- 9:17ground. Less than half. And before you,
- 9:21he was quiet for a long moment. The
- 9:23cicas were loud in the trees. Before me,
- 9:26he said there was somebody else. He
- 9:28climbed down from the tailgate and
- 9:30walked to his truck. He opened the door
- 9:32and then stopped one hand on the frame.
- 9:34I'll tell you the part that still keeps
- 9:36me up, he said. I didn't lose
- 9:41that land because I ran out of money. I
- 9:44lost it because I ran out of hope.
- 9:46That's what they're selling up there,
- 9:47Mr. Hadley. Not land, time. They just
- 9:51wait until you run out. He drove away. I
- 9:55stood beside my truck in the dusk
- 9:56holding two empty water jugs. And for
- 9:58the first time since the gate beeped
- 10:00red, I was not angry. I was afraid.
- 10:03Howell County Recorder of Deeds keeps
- 10:05its records in a low brick building
- 10:07across from the courthouse in West
- 10:09Plains. The air conditioning works too
- 10:11well. The chairs do not work well
- 10:13enough. And the woman behind the counter
- 10:15whose name tag said Deb had the patience
- 10:17of someone who has watched a thousand
- 10:20people discover that the paper they
- 10:21signed did not say what they thought it
- 10:24said. I asked her for every recorded
- 10:26document involving partial 7 of Aspen
- 10:28Crest. She printed the index for me. It
- 10:31fit on a single page. That was the
- 10:33problem. It should not have fit on a
- 10:35single page. In June of 2017, the Aspen
- 10:39Crest Homeowners Association sold parcel
- 10:427 to a man named Nolan Pierce for
- 10:44$139,000.
- 10:47In August of 2018, Nolan Pierce sold
- 10:50parcel 7 back to the Aspen Crest
- 10:52Homeowners Association for $61,000.
- 10:56In April of 2019, the association sold
- 10:58it to Frank Dillard for $144,000.
- 11:02In July of 2020, Frank Dillard sold it
- 11:05back to the association for $65,000. And
- 11:083 weeks ago, the association sold it to
- 11:10Luke Hadley for $148,000.
- 11:13I sat down in one of the bad chairs and
- 11:15looked at the list for a long time. It
- 11:17was not a mistake. It was not bad luck.
- 11:20It was a machine. A very quiet, very
- 11:22polite machine. [snorts] Sell the land.
- 11:25Lock the gate. Wait, buy it back for
- 11:27less than half. Sell it again. Every lap
- 11:30around the track, the association
- 11:32cleared somewhere near $80,000. In every
- 11:34lap, one ordinary person drove away with
- 11:37less than they came with. I was not a
- 11:39buyer. I was the third lap. You all, Deb
- 11:43asked. I think I just found out what I
- 11:45paid for, I said. When I got back to my
- 11:47spot on the shoulder of County Road 214
- 11:50that afternoon, there were two new signs
- 11:53standing where I usually parked. They
- 11:54were county signs, white with red
- 11:56letters, freshly bolted onto metal
- 11:58posts. No parking anytime. I called the
- 12:01county road department. A pleasant man
- 12:03told me that the signs had been
- 12:04requested by a local homeowners
- 12:06association as a traffic safety measure
- 12:08due to unauthorized vehicles repeatedly
- 12:11parking on a blind curve. It was not a
- 12:14blind curve. You could see a/4 mile in
- 12:16both directions. I moved my truck to the
- 12:19next pull out which was twice as far
- 12:20from my property. The walk through the
- 12:23woods went from half a mile to over a
- 12:25mile. In July, in a drought, carrying
- 12:28water too. Days later, a county code
- 12:30inspector named Mr. Toiver walked into
- 12:32my camp. He was polite, sweating through
- 12:34his shirt and clearly unhappy to be
- 12:36there. He explained that a complaint had
- 12:39been filed stating that someone was
- 12:40residing unlawfully on an unpermitted
- 12:43parcel. He looked at my tent, my cod, my
- 12:46folding table, my stack of cedar. Who
- 12:48filed the complaint? I asked. He glanced
- 12:52at his clipboard and then decided not to
- 12:54read it out loud. A neighboring property
- 12:56owner. I don't have any neighboring
- 12:59property owners who can see my tent, I
- 13:01said, unless they're standing on their
- 13:03deck with binoculars. He did not argue.
- 13:06He gave me 30 days to remove the camp or
- 13:08obtain a building permit. To get a
- 13:10building permit, I needed a septic
- 13:12approval. To get septic, I needed a
- 13:15contractor. To get a contractor, I
- 13:18needed a road. To get a road, I needed
- 13:20the Aspen Crest board, which would meet
- 13:22in October, long after my permit window
- 13:24closed, my tent came down and my loan
- 13:26expired. It is a strange thing to watch
- 13:28people use rules like weapons. They
- 13:31never raise their voices. They never
- 13:33break a law. They simply arrange the
- 13:35laws in a line like stones across a
- 13:38stream and let you discover that every
- 13:40one of them is slippery. The heat that
- 13:42July was not the kind you can describe
- 13:44with a number, though the number was
- 13:47101. It was the kind that sat on your
- 13:49shoulders all day and followed you into
- 13:52the shade. The creeks in the county had
- 13:54gone to dust. Farm ponds had shrunk to
- 13:57cracked brown saucers. Churches were
- 13:59holding prayer meetings for rain. The
- 14:01radio said burn bands. The radio said
- 14:04water restrictions. The radio said the
- 14:06aquafer was dropping in places no one
- 14:08could remember seeing it drop. Up on the
- 14:11ridge, the sprinklers of Aspen Crest ran
- 14:13every morning at 5. I decided that if I
- 14:16was going to lose the land, I would at
- 14:18least know what I had lost. So, I kept
- 14:20clearing. I started on the eastern
- 14:22boundary where a long band of thick
- 14:24green brush ran the entire length of the
- 14:26property like a hedge. Willow sumac,
- 14:29wild grape, and blackberry cane so dense
- 14:31and so thorny that I had to cut my way
- 14:33in with the saw and then drag each piece
- 14:35out behind me. It made no sense that
- 14:38strip. Everything else on the land was
- 14:40brown and brittle. The grass crunched,
- 14:42the oak leaves curled, but this band of
- 14:44brush was green. Not just alive, green.
- 14:48I noticed it and did not think about it.
- 14:50I was too tired to think. On the fourth
- 14:53day, I was deep inside the thicket,
- 14:54about 30 ft in, when I cut the saw off
- 14:57to catch my breath, and I heard it. It
- 15:00was so quiet at first that I thought it
- 15:01was my own blood in my ears. A soft,
- 15:04steady murmur. Not wind, not insects,
- 15:07something moving, something patient. I
- 15:10stood completely still. Water I pushed
- 15:12forward through the canes ignoring the
- 15:14thorns tearing at my arms. The ground
- 15:17under my boots changed. It softened.
- 15:19Then it dropped away almost at my feet.
- 15:21And I grabbed a willow trunk to keep
- 15:23from falling. Below me was a ravine. It
- 15:26was narrow, no more than 8 or 10 ft
- 15:28across, but deep, maybe 12 or 13 ft from
- 15:31the rim to the bottom. Its walls were
- 15:33gray limestone, ferned and mossy, shaded
- 15:36completely by the brush above. From the
- 15:38top, from the air, from any map, it
- 15:41would look like nothing but a line of
- 15:42trees. At the bottom of the ravine, a
- 15:45creek was running. Clear, cold looking,
- 15:48moving over smooth stones in between
- 15:50green banks of water crest, as
- 15:52unbothered by the drought, as if it had
- 15:54never heard of one. I climbed down,
- 15:57slipping and scraping, and knelt at the
- 15:58edge of it. I put my hand in the water.
- 16:01It was so cold it hurt. I followed it
- 16:04upstream. The ravine curved gently north
- 16:06for maybe 300 yd and then it ended at a
- 16:09wall of stone. At the base of that wall,
- 16:11water was pushing up out of the rock
- 16:13itself. Not a trickle, a steady pulsing
- 16:16flow bubbling up from somewhere deep in
- 16:18the earth and spilling into a small
- 16:20clear pool before it began its journey
- 16:22south. A spring. I checked my handheld
- 16:26GPS against the survey coordinates
- 16:28twice. The spring was inside my
- 16:30property, 200 ft inside. I sat down on a
- 16:34rock beside that pool and did not move
- 16:36for a long time. Three owners, seven
- 16:39years. Every one of them had walked this
- 16:41land, including me. Every one of them
- 16:44had looked at this line of brush and
- 16:46seen what I had seen thorns trouble a
- 16:48place to avoid. The association had sold
- 16:50it three times. Surveyors had pinned its
- 16:53corners. Satellites had photographed it.
- 16:56And in all that time, no one had
- 16:57bothered to push through the thorns and
- 16:59look down. It was hidden in the only way
- 17:02that anything is ever truly hidden. Not
- 17:04by a lock, by a lack of curiosity. I
- 17:07followed the creek downstream the next
- 17:09morning to see where it went. It ran the
- 17:11length of my eastern boundary south and
- 17:13downhill for nearly half a mile. And
- 17:16then at the lowest corner of my land,
- 17:18the ravine grew shallower. The stones
- 17:20grew larger, and the water simply
- 17:22disappeared. It sank into a bed of
- 17:24broken limestone and was gone. not dried
- 17:28up, gone underground, still moving
- 17:30somewhere beneath the hill. Directly
- 17:32below that point, maybe 200 yards downs
- 17:35slope, I could see the rooftops of the
- 17:37older houses of Aspen Crest. Phase one,
- 17:40people called it. 11 small homes along a
- 17:43gravel lane built in the 70s, long
- 17:45before the ridge was covered in stone
- 17:47mansions. That afternoon, walking out to
- 17:50my truck, I passed a woman standing in
- 17:52her sideyard at the first of those
- 17:54little houses. She was in her 70s, white
- 17:57hair tied back, holding a garden hose.
- 17:59Host was limp in her hand. Nothing was
- 18:01coming out. She saw me looking and gave
- 18:03a small tired laugh. "Well, was fine on
- 18:06Sunday," she said. Monday, it started
- 18:08sputtering. This morning, nothing but
- 18:10air. That same week, I heard that the
- 18:13family, three houses down a roofer with
- 18:15three little kids, had lost their well,
- 18:17too. I stood at the edge of my land that
- 18:20evening looking at the place where the
- 18:22creek vanished into stone and then down
- 18:24at the roofs of those 11 houses. I did
- 18:27not know yet what the connection was. I
- 18:29was not a hydraologist. I was a man who
- 18:32fixed tractors. But I knew that water
- 18:34does not disappear. It only goes
- 18:36somewhere you are not looking. The next
- 18:39morning, I carried two 5gallon jugs of
- 18:41spring water down the hill to the woman
- 18:43with the empty hose. Her name was
- 18:46Loretta Banks. She had lived in the
- 18:48first house on the lane since 1981. Her
- 18:51husband had built the porch with his own
- 18:52hands, and it had outlived him by 11
- 18:55years. She opened the screen door,
- 18:57looked at the jugs, looked at me, and
- 18:59did not say anything for a moment. Then
- 19:02she said, "Where on God's earth did you
- 19:04find water?" I told her the truth. I
- 19:07told her about the thicket and the
- 19:08ravine and the spring coming up out of
- 19:10the stone. She listened the way older
- 19:13people listen when they have decided you
- 19:15are either honest or crazy and they have
- 19:17not yet decided which. Then she poured a
- 19:20glass from one of the jugs, held it up
- 19:22to the light and drank it slowly. That
- 19:24she said is the best water I've tasted
- 19:26in 40 years. I have thought about that
- 19:29moment many times since. How a whole
- 19:31long war began not with a lawyer or a
- 19:34board meeting but with an old woman on a
- 19:36porch drinking a glass of water in the
- 19:38heat. carrying jugs was not going to be
- 19:41enough. There were 11 houses on that
- 19:43lane and the wells were failing one by
- 19:45one. So, I did the only thing I knew how
- 19:48to do. I went looking for something
- 19:50broken that I could fix. In the back of
- 19:52Loretta's shed was a gasoline transfer
- 19:55pump her husband had used for irrigating
- 19:56a vegetable garden in the 80s. The seals
- 19:59we are cracked. The impeller was seized
- 20:02with rust. The engine hadn't turned over
- 20:04in a decade. I spent two evenings at her
- 20:07workbench with a wire brush, a rebuild
- 20:09kit from the farm store in Willow
- 20:11Springs, and a can of carburetor
- 20:13cleaner. On the third evening, it
- 20:15coughed, smoked, and ran. It turned out
- 20:17I did not even need it. The spring sat
- 20:20higher, then the lane. [snorts] All I
- 20:22needed was a pipe and gravity. I bought
- 20:24600 ft of black polyline with the last
- 20:26of my discretionary money. I laid it
- 20:29from a small intake box at the spring
- 20:31pool down along the floor of the ravine
- 20:33out through the thicket and down the
- 20:35slope to a 400-gallon water tank behind
- 20:37Loretta's house. I set a valve on the
- 20:40end. When I opened it the first time,
- 20:42there was a hiss of trapped air, a long
- 20:45gurgle, and then a clean, steady stream
- 20:47of cold water poured into the tank.
- 20:49Loretta stood beside me and did not say
- 20:51anything. She just put her hand on my
- 20:53shoulder. Word traveled down the lane
- 20:55the way word travels in small places
- 20:57faster than the phone lines and more
- 20:59reliably. By the next morning, there
- 21:02were people standing at that tank with
- 21:04buckets and jugs and coolers. By the
- 21:06weekend, all 11 households on the lane
- 21:08were drawing from it. I did not charge
- 21:10anyone. People tried to pay me. I told
- 21:13them to keep it for gas money. It did
- 21:15not feel like mine to sell. I had not
- 21:18made that water. I had only found it.
- 21:21That was a strange and gentle month in
- 21:23the middle of everything else. The heat
- 21:25did not break. The gate did not open.
- 21:27The 90 days kept falling away. But in
- 21:30the evenings, the lane came alive in a
- 21:32way I had not seen anywhere in years.
- 21:34Hector Ruiz, the roofer, three houses
- 21:36down, brought his kids to the tank every
- 21:38evening at 6. Three of them, ages 4, 6,
- 21:42and nine, squealing and filling their
- 21:44little plastic buckets and splashing
- 21:45each other when they thought their
- 21:47father wasn't looking. Hector shook my
- 21:49hand the first time with both of his and
- 21:51said they haven't had a real bath in 9
- 21:54days. Walter and June Oaks, a retired
- 21:56couple in the fourth house, watered
- 21:58their tomato plants back to life. June
- 22:01brought me a jar of pickled okra as a
- 22:02thank you. And when I said I didn't
- 22:04really like okra, she said, "Nobody
- 22:06really likes okra. You eat it anyway.
- 22:09That's how you know you're from here."
- 22:11Brenda Kay in the sixth house, a single
- 22:13mother who worked double shifts as a
- 22:15nursing aid in West Plains came by late
- 22:17after dark. Always tired, always
- 22:19apologizing for being tired. She told me
- 22:22she was behind on her HOA dues. She said
- 22:25it the way people confess something
- 22:26shameful. Behind on what exactly? I
- 22:29asked. What does the HOA do for this
- 22:31lane? She thought about it and then
- 22:33laughed. They send letters, she said.
- 22:36About my trash cans. Loretta had me to
- 22:39dinner on a Sunday. Pot roast cornbread,
- 22:41sweet tea so strong it could strip
- 22:43paint. Over pie, she told me what it had
- 22:46been like to live in phase 1 for 40
- 22:48years. When we moved in, there was no
- 22:50phase 2. There was just us 11 houses in
- 22:53the woods. Then in the early 2000s, the
- 22:56developers came and built those big
- 22:58houses up the ridge. And one day, we got
- 23:00a letter saying we were now part of the
- 23:02Aspen Crest Homeowners Association.
- 23:05There was a meeting. A nice young lawyer
- 23:08punching cookies. They said it would
- 23:10raise our property values. Did it? She
- 23:13smiled into her tea. It raised our dues.
- 23:16It raised their property values.
- 23:18Somewhere in there, I think we were
- 23:19supposed to be grateful. Do they ever
- 23:22come down here only to measure our
- 23:24grass? The satire of it all was so
- 23:27complete that it was almost beautiful.
- 23:29Up on the ridge, the people who wrote
- 23:31the rules had lawns that drank more
- 23:32water in a day than Loretta used in a
- 23:35week. Down on the lane, the people who
- 23:37followed the rules were carrying
- 23:38buckets. And between them, on a piece of
- 23:41land that everyone had written off as
- 23:42worthless. A spring had been running the
- 23:45whole time, clean and cold and silent,
- 23:46waiting for someone to care enough to
- 23:48look. It was Hector who finally asked me
- 23:50the question I had been avoiding. We
- 23:52were standing by the tank at dusk. His
- 23:54kids were chasing fireflies in Loretta's
- 23:57yard. You've done all this for us, he
- 23:59said. What do you need, Luke? I told him
- 24:02the truth. I told him about the gate and
- 24:04the letter in page 15. I told him about
- 24:06Frank and the list at the recorder's
- 24:08office and the machine that had been
- 24:10going around and around for 7 years. And
- 24:12I told him about the bank and the number
- 24:14that was no longer 90. 51 days, I said.
- 24:18If I don't have a legal road by then, I
- 24:20lose the loan. If I lose the loan, I
- 24:22lose the land. And they buy it back for
- 24:25half. Hector did not say anything. He
- 24:28turned and looked down the lane, then
- 24:29back up toward my property. Loretta had
- 24:32been sitting on her porch steps
- 24:33listening. She stood up slowly, one hand
- 24:35on the railing. "Luke," she said, "come
- 24:38here. I want to show you something." She
- 24:40walked me behind her house, past the
- 24:42tank to a narrow gravel track I had seen
- 24:44a dozen times without really seeing it.
- 24:46It ran along the back of all 11
- 24:49properties behind the sheds and the
- 24:50gardens and the clothes lines from one
- 24:53end of the lane to the other. That's the
- 24:55old service road, she said. The county
- 24:57used it back when they read the meters
- 24:59by hand. Each of us owns the stretch
- 25:01behind our own house. It runs from your
- 25:04lower corner right up there where the
- 25:06creek goes underground all the way down
- 25:08to County Road 214. I stared at it. A
- 25:12road. A real road. Not through Aspen
- 25:15Crest around. If all 11 of us gave you
- 25:18the right to use it, Loretta said, you'd
- 25:20have your access. You wouldn't need
- 25:22their gate at all. It took less than one
- 25:25evening. We gathered on Loretta's porch
- 25:27with a legal pad and a pen. I had
- 25:29drafted a simple access agreement with
- 25:31the help of a free template and a phone
- 25:34call to a lawyer in Springfield who took
- 25:36pity on me. Each household would grant
- 25:38me a permanent right to cross their
- 25:40section of the service road. In
- 25:43exchange, I promised to maintain the
- 25:44gravel and to keep the water flowing.
- 25:47Loretta signed first, then Walter and
- 25:49June, then Hector and his wife Anna,
- 25:51then the Pattersons, thenWGW's old Mr.
- 25:54Crowley, who had to be helped down his
- 25:56steps. Brenda Kay signed last after her
- 25:59night shift in her scrubs with a pen
- 26:01borrowed from June. 11 signatures. Not
- 26:04one person hesitated. Not one person
- 26:06asked what was in it for them. I drove
- 26:09home that night to my truck parked a
- 26:10mile from my land, and I slept better
- 26:12than I had since June. At 7 the next
- 26:15morning, I drove my truck around to the
- 26:17bottom of the lane where the service
- 26:19road met County Road 214. I wanted to
- 26:23see the route with my own eyes before I
- 26:24called the bank. The road was blocked,
- 26:27not by a gate, by boulders, six of them,
- 26:30each the size of a washing machine laid
- 26:32out in a neat line across the mouth of
- 26:34the gravel track, half buried in soil
- 26:36and grown over with weeds. They had
- 26:38clearly been there for years. I found
- 26:40Loretta already on her porch. The HOA
- 26:42put those there. She said back in 2011
- 26:46said people were using the service road
- 26:48to sneak into Aspen Crest security they
- 26:50called it. Nobody argued. Nobody ever
- 26:53argues. By noon, a letter arrived at
- 26:56each of the 11 houses. The same cream
- 26:58colored stationery. The same little
- 27:01aspen leaf. It informed the residents of
- 27:03phase 1 that the Aspen Crest governing
- 27:06documents prohibited members from
- 27:08granting any easement or right of access
- 27:10to non-members. It said that any
- 27:12homeowner who permitted parcel 7 to use
- 27:15the service road or who disturbed the
- 27:17security installations at its entrance
- 27:19would be subject to fines of $250 per
- 27:22day per household. And that unpaid fines
- 27:24would be recorded as leans against their
- 27:26homes. leans against their homes over a
- 27:30gravel road behind their clothes lines.
- 27:33I watched 11 families read that letter
- 27:35on their porches. I watched some of them
- 27:37fold it carefully and put it back in the
- 27:39envelope as if paper could be unread.
- 27:42And two days later, while I stood in my
- 27:44camp trying to figure out how many days
- 27:45I had left. Gwen Harkort walked through
- 27:48my woods for the first time. She was
- 27:50wearing white linen and expensive hiking
- 27:52boots that had never met mud. Dale
- 27:54Mercer, the association treasurer,
- 27:56trailed a few steps behind her, sweating
- 27:58heavily and swatting at Nats. She looked
- 28:01around at my tent in my cot with the
- 28:03expression of a woman touring a
- 28:05disappointing rental. Mr. Hadley, she
- 28:07said, I'll come straight to the point.
- 28:10The board has reconsidered its position
- 28:12regarding parcel 7. We are prepared to
- 28:14purchase the property back from you. I
- 28:17waited for the insult. half, less than
- 28:19half whatever the machine usually paid
- 28:22for $296,000,
- 28:24she said. Double exactly double what I
- 28:28had paid. Dale was looking at his shoes.
- 28:31Gwen was looking at me with a perfect,
- 28:33pleasant stillness. I had spent 2 months
- 28:35learning how that machine worked. It
- 28:37never paid more. It only waited and paid
- 28:40less. So why suddenly were they willing
- 28:42to pay twice as much for a piece of land
- 28:44they had spent seven years insisting was
- 28:47worthless?
- 28:48No, I said. Her smile did not move, but
- 28:51something behind it did. I'd think very
- 28:54carefully, Mr. Hadley. Offers like this
- 28:56don't come twice. After they left, I
- 28:59stood at the edge of the thicket and
- 29:00looked down into the green shadow where
- 29:02the creek was running, and I realized I
- 29:04already knew the answer. Part four.
- 29:09In the weeks since I had laid the pipe,
- 29:11something had been happening on the lane
- 29:12that no one had quite noticed because it
- 29:15happened slowly the way good things
- 29:16usually do. Loretta noticed at first.
- 29:19She came up to my camp on a Tuesday
- 29:21morning, breathless from the climb, and
- 29:23said, "Luke, my well." I thought
- 29:26something had gone wrong. It hadn't. The
- 29:28pump in her dry well, the one that had
- 29:30been sucking air since June had started
- 29:31pulling water again. Not much, a thin
- 29:34sputtering flow, but water. That
- 29:37afternoon, Hector told me the same
- 29:39thing. Then, Walter Oaks, I walked down
- 29:42to the lowest corner of my land where
- 29:44the creek slipped into the limestone and
- 29:46disappeared. For weeks, part of it of
- 29:49its flow had been diverted into my pipe
- 29:51and down to the tank behind Loretta's
- 29:53house. The overflow from that tank ran
- 29:55out across her backyard and soaked into
- 29:58the ground. and the water that I was not
- 30:00using at all the rest of the creek still
- 30:02went where it had always gone down into
- 30:04the rock under the hill toward the lane.
- 30:07I finally understood the creek was not
- 30:09just a creek. It was the source. It fed
- 30:12the shallow groundwater under phase 1.
- 30:14In a normal year, there was enough rain
- 30:16on the hill to keep those wells alive
- 30:18regardless. But in a drought like this
- 30:20one, the spring was all they had. And by
- 30:23moving some of that water to the surface
- 30:24near their homes, I had helped it reach
- 30:27them faster. For 50 years, 11 families
- 30:30had been drinking from a spring they had
- 30:31never seen. Neither had anyone else. Two
- 30:35days later, the county posted a public
- 30:36notice in the West Plains Daily Quill.
- 30:39The Aspen Crest community, well, a deep,
- 30:41expensive private well that served every
- 30:44house in phase 2 was showing a severe
- 30:46decline in water level. The association
- 30:49had been ordered to implement mandatory
- 30:51restrictions immediately. Lawn
- 30:53irrigation was banned. The notice said
- 30:55that if levels continued to fall, the
- 30:57well could fail entirely within weeks. I
- 30:59read that notice sitting on a rock
- 31:01beside the spring pool, and I laughed
- 31:03out loud alone in the woods because
- 31:05there was nothing else to do. Now I knew
- 31:07why Gwen Harkort had walked through my
- 31:09woods in white linen and offered me
- 31:11double. Somebody on the land had told
- 31:13somebody on the ridge where the water
- 31:15was coming from. And Aspen Crest, whose
- 31:17wells were dying, had learned that the
- 31:19land they had sold three times as
- 31:21worthless, was sitting on the only
- 31:23reliable water on the hill. They did not
- 31:25want my land anymore. They wanted my
- 31:27spring. The association did not come at
- 31:30me directly again. They were smarter
- 31:32than that. They went down the lane
- 31:34instead. Over the course of a single
- 31:36week, a letter went to every house in
- 31:38phase one. It offered a community
- 31:40reconciliation package. Any household
- 31:43that formally withdrew its consent to
- 31:45the parcel 7 access agreement would
- 31:47receive a full waiver of any past due
- 31:49assessments and two years of free dues.
- 31:52The letter described this as a gesture
- 31:54of goodwill. It was not a gesture of
- 31:56goodwill. It was a price in households
- 31:58tore up the letter. One did not. Brenda
- 32:01Kay came to see me on a Saturday
- 32:03morning. She was not in her scrubs. She
- 32:05looked like she had not slept. She stood
- 32:08at the edge of my camp with her arms
- 32:09folded tightly like she was cold in
- 32:11100°. I owe them $4,000, she said in
- 32:15back dues and fines, trash cans, fence
- 32:17color. A dead shrub. They said if I
- 32:20don't sign, they'll put a lean on my
- 32:22house. Luke, I have two kids. I cannot
- 32:24lose that house. I know, I said. I'm so
- 32:27sorry. I know, I said again. And I meant
- 32:30it. She signed their withdrawal that
- 32:32afternoon. The next morning, a small
- 32:34wooden fence went up across the service
- 32:36road behind her house, section six,
- 32:39right in the middle of the lane. The
- 32:41road was cut in half. Then the bank
- 32:42called, "Luke, I'm sorry to push, but I
- 32:45need to set expectations. You have 10
- 32:47days. If we don't have a recorded access
- 32:50agreement on the title, the approval
- 32:52expires, and I won't be able to get it
- 32:54through again." Then Mr. Toiver, the
- 32:56code inspector, left a polite voicemail
- 32:58reminding me that my 30 days to remove
- 33:00the camp were nearly up. I have been
- 33:03asked since what the worst night was. It
- 33:05was that one. I sat inside the tent with
- 33:08a flashlight clamped between my knees,
- 33:10the heat still pressing down even after
- 33:12sunset, and I wrote a letter on a yellow
- 33:14legal pad. It was addressed to the Aspen
- 33:17Crest Homeowners Association. It said
- 33:19that I would accept their offer to
- 33:21purchase parcel 7. I wrote it neatly. I
- 33:24signed it. I folded it into thirds and
- 33:26put it in an envelope. Then I sat there
- 33:28and listened to the creek. You could
- 33:30hear it at night if the wind was still.
- 33:32That low patient murmur from the ravine.
- 33:35It had been running before Aspen Crest
- 33:37existed. Before phase 1 was built,
- 33:39before the old service road was graded,
- 33:41before anyone in this county had a name
- 33:43for any of it, it would be running long
- 33:45after Gwen Hardcourt and I were both
- 33:46forgotten. [clears throat] It did not
- 33:48care who owned it. It did not care about
- 33:50gates or boards or leans. It just kept
- 33:53going, finding its way through the
- 33:54stone, reaching the places that needed
- 33:56it, whether anyone noticed or not. And I
- 33:59thought about Frank Dillard sitting on
- 34:01his tailgate saying they did not sell
- 34:03land up there. They sold time. They just
- 34:06waited until you ran out. I had 10 days
- 34:08of time left. The envelope could wait
- 34:11nine of them. I did not send it. The
- 34:14next morning, I drove back to the
- 34:15recorder of deeds in West Plains. Deb
- 34:18looked up from the counter and said back
- 34:20again. I've been looking at the wrong
- 34:22land, I said. I want everything you have
- 34:24on phase one from the beginning. The
- 34:28original declaration of covenants for
- 34:29the 11 houses on the lane was recorded
- 34:32in 1978. It was nine pages long. It said
- 34:36nothing about any homeowners
- 34:37association, just simple rules, single
- 34:40family homes, no livestock larger than a
- 34:42goat. Maintain your fences. Then I
- 34:45searched for the document Loretta had
- 34:46described the meeting in the early
- 34:482000s. The nice young lawyer, the punch
- 34:51and cookies, the paper that had made
- 34:53phase 1 part of Aspen Crest. Loretta
- 34:56still had her copy in a folder in her
- 34:58hall closet and she had given it to me.
- 35:00It was titled supplemental declaration
- 35:02of annexation. It was dated September
- 35:052004. It bore the signatures of the
- 35:08association president at the time and
- 35:11seven of the 11 phase 1 homeowners. I
- 35:13asked Deb for the recorded version. She
- 35:16searched. She searched again. She went
- 35:18into the back and searched the physical
- 35:21index books. She came back with an odd
- 35:23look on her face. Hun, there's no record
- 35:25of that document ever being filed. Could
- 35:28it be under a different name? I checked
- 35:30Aspen Crest, the developer named the lot
- 35:32numbers in every phase 1 owner of record
- 35:35in 2004. It was never recorded, not in
- 35:38this county. I asked her what that
- 35:41meant. She was not a lawyer and said so,
- 35:44but she said something I will never
- 35:45forget. In this state, if it isn't
- 35:48recorded, it doesn't bind the land. A
- 35:50piece of paper in a closet is just a
- 35:52piece of paper in a closet. I took
- 35:54everything to the lawyer in Springfield.
- 35:57He read it twice and then leaned back in
- 35:58his chair and let out a long breath. Mr.
- 36:01Hadley, as far as the public record is
- 36:03concerned, those 11 houses have never
- 36:05been part of Aspenrest. The annexation
- 36:08was never completed. The association has
- 36:10no authority over them. None. Not for
- 36:13dues, not for fines, not for leans, and
- 36:16certainly not for a gravel road behind
- 36:18their houses. 20 years of dues. 20 years
- 36:22of letters about trash cans and fence
- 36:24colors. Six boulders across a service
- 36:26road. A $4,000 debt hanging over a
- 36:30single mother's house. All of it built
- 36:32on a document someone forgot to file.
- 36:34But I needed one more thing before I
- 36:36went back to the lane. I needed to know
- 36:38if page 15 had ever existed. The first
- 36:41buyer of Parcel 7, Nolan Pierce, was
- 36:44listed in the 2018 deed with a
- 36:46forwarding address in Springfield. I
- 36:49found him in a small brick house near
- 36:51the university, a retired school
- 36:53principal who did not seem entirely
- 36:55surprised to see me. "You bought the
- 36:57land," he said. "I'm the third." He
- 37:00nodded slowly and led me to a filing
- 37:01cabinet in his garage. He had kept
- 37:04everything. Nolan was that kind of man.
- 37:07His disclosure packet from 2017 was
- 37:09complete. Page 14. Page [clears throat]
- 37:1315. Page 16. Section 15. Access and
- 37:16easements. one paragraph long. Parcel 7
- 37:20has no legal access through Aspen Crest
- 37:22private roads. Access to parcel 7 is not
- 37:26a right of ownership and is subject to
- 37:28the sole discretion of the board. In
- 37:302017, the association had told the
- 37:32truth. Nolan had simply trusted that a
- 37:35reasonable board would be reasonable. In
- 37:382019, when Frank bought page 15 was
- 37:40gone. In 2026, when I bought page 15 was
- 37:44gone, they had learned. After the first
- 37:46time, they had learned that people read
- 37:48and so they took out the page. Nolan let
- 37:51me borrow his packet. I drove back to
- 37:54the lane that evening and knocked on
- 37:55Brenda Kay's door. She answered in her
- 37:58scrubs, a kid on her hip. When she saw
- 38:00me, her face went pale with guilt. Luke,
- 38:03I told you I can't. I know. I'm not here
- 38:05to ask you anything. I'm here to show
- 38:07you something. I laid it out on her
- 38:10kitchen table. The 1978 covenants,
- 38:13Loretta's unrecorded annexation paper,
- 38:16the county certification that it had
- 38:18never been filed. The lawyer's letter.
- 38:20She read it all slowly twice. So they
- 38:24can't, she whispered. They can't take my
- 38:27house. They never could. She put her
- 38:30hand over her mouth and then she cried.
- 38:32Not quietly. The kind of crying that has
- 38:35been waiting for years. Her six-year-old
- 38:37stared at her in alarm and then at me.
- 38:39And I did not know what to say, so I
- 38:41just stood there. Then Brenda went to
- 38:43the garage, came back with a claw
- 38:45hammer, walked out the back door in the
- 38:47dark, and began pulling the nails out of
- 38:49the little wooden fence across the
- 38:50service road. That Saturday, all 11
- 38:53families of the lane gathered at the
- 38:55bottom of the service road where six
- 38:56boulders had sat in a neat line for 15
- 38:58years. Hector brought a borrowed tractor
- 39:01with a front loader. Walter Oaks brought
- 39:04chains. The kids brought popsicles and
- 39:06sat on Loretta's fence to watch. One by
- 39:09one, we pulled the boulders out of the
- 39:10ground. Hector rolled the last one into
- 39:13the ditch, climbed down from the seat,
- 39:15and wiped his forehead. And for a
- 39:16moment, nobody said anything. They just
- 39:19stood there looking at a gravel road
- 39:20that had always been theirs. On Monday,
- 39:23the new access agreement signed again by
- 39:25all 11 households was recorded with the
- 39:27county 3 days before the bank's
- 39:29deadline. On Tuesday afternoon, a dump
- 39:32truck full of crushed gravel turned off
- 39:34County Road 214, rolled up the old
- 39:36service road behind 11 houses, past 11
- 39:39porches, and all the way up to the
- 39:42southern corner of my land. It did not
- 39:44stop at any gate. There was no gate. In
- 39:47the second week of August, the Aspen
- 39:49Crest community well went dry. It did
- 39:51not happen dramatically. There was no
- 39:54explosion, no geyser, no sirens. One
- 39:57morning, the taps in 42 stone houses on
- 39:59the ridge sputtered, coughed, and
- 40:01stopped. That was all. The most
- 40:03expensive neighborhood in the county
- 40:04became overnight a place where people
- 40:06carried water. By noon, there were
- 40:08pallets of bottled water stacked outside
- 40:10the clubhouse. By evening, the grocery
- 40:13stores in West Plains were running low.
- 40:15Residents of phase 2 people who had
- 40:17spent years finding their neighbors over
- 40:19the length of their grass drove down the
- 40:22hill in German SUVs to fill jugs at the
- 40:24county fairgrounds where the National
- 40:26Guard had set up a tanker for drought
- 40:28relief. And below them on the lane,
- 40:30Loretta Banks was watering her roses. I
- 40:33do not tell that part to be cruel. I
- 40:35tell it because it is true and because
- 40:37some truths are so perfectly shaped that
- 40:40you do not need to decorate them. The
- 40:42people at the top of the hill had spent
- 40:4420 years convinced that everything
- 40:46valuable flowed downhill toward them.
- 40:49They had never once imagined that the
- 40:50most valuable thing on the hill had been
- 40:52flowing the other way. 2 days after the
- 40:55well failed, the association called an
- 40:57emergency meeting in the clubhouse. It
- 40:59was open to all members. Loretta, who
- 41:01was technically no longer a member of
- 41:02anything, insisted on going anyway, and
- 41:05so all 11 households of the lane went
- 41:07with her. So did I. The clubhouse was
- 41:10the kind of room that is built to make
- 41:12ordinary people feel small. Vaulted
- 41:15ceilings, a stone fireplace nobody had
- 41:18ever lit. A long table at the front with
- 41:20a microphone and a [clears throat]
- 41:22picture of water that under the
- 41:23circumstances looked almost like a
- 41:25provocation. Gwen Harkort sat at the
- 41:27center of the table. Dale Mercer sat
- 41:30beside her, shuffling papers. She did
- 41:32not look at me when she began. She spoke
- 41:35about the crisis. She spoke about the
- 41:37dedication of the board. She spoke about
- 41:40emergency funds in water trucks and the
- 41:42patience of the community. And then in
- 41:44the same pleasant, reasonable tone she
- 41:47had used on the phone with me the first
- 41:48morning she made her proposal. The board
- 41:51has
- 41:54learned she said that a significant
- 41:55freshwater source has been identified on
- 41:57the parcel adjacent to our community. A
- 42:00spring. We have reason to believe this
- 42:02spring originates from the geological
- 42:04formations underlying Aspen Crest
- 42:06Commonland. As such, the association has
- 42:09a legitimate claim to its use. The board
- 42:11is requesting authorization to pursue
- 42:14legal action to secure access to this
- 42:16water for the benefit of all members.
- 42:19There were murmurss, heads nodded.
- 42:21People were thirsty, and thirsty people
- 42:23like to hear that someone has a plan. I
- 42:26stood up. Ms. Hardcourt, I said. I'd
- 42:29like to invite the board and anyone else
- 42:31who wants to come to take a walk with me
- 42:33right now. It's about 15 minutes. She
- 42:36hesitated for only a second, but it was
- 42:38a public meeting and 40 people turned to
- 42:41look at her and she could not say no
- 42:43without looking like she had something
- 42:44to hide. We went down the service road.
- 42:47All of us, the board, the residents of
- 42:49phase 2 in their press shorts and clean
- 42:51sneakers, the 11 families of the lane, a
- 42:54couple of teenagers filming on their
- 42:56phones. A procession of maybe 60 people
- 42:58winding up the old gravel track behind
- 43:00Loretta's clothesline, past the tank, up
- 43:03into my land, and along the path I had
- 43:05cut through the thicket. At the rim of
- 43:07the ravine, people went quiet. I do not
- 43:10think most of them had any idea what
- 43:11they were going to see. They had heard
- 43:13the word spring and pictured, I don't
- 43:15know, a garden hose coming out of a
- 43:16rock. What they saw instead was the
- 43:18green cool hidden world at the bottom of
- 43:20that ravine. The ferns, the water
- 43:22crests, the clear water moving over
- 43:24stones in the middle of the worst
- 43:26drought of their lives. Somebody behind
- 43:28me said very softly, "Oh my God." I led
- 43:31them upstream along the floor of the
- 43:33ravine, 300 yd to the wall of stone, to
- 43:36the pool, to the place where the water
- 43:39came up out of the earth, steady and
- 43:40cold and indifferent to all of us. Then
- 43:43I handed Gwen Harkord a copy of the
- 43:45county survey with the springs GPS
- 43:47coordinates marked in red ink and the
- 43:49Aspen Crest common land boundary marked
- 43:52in blue 211 yd. I said that's the
- 43:56distance between this spring and the
- 43:57nearest inch of Aspen Crest property. It
- 43:59comes out of the rock here on my land
- 44:01and flows south away from your
- 44:03community, not toward it. There is no
- 44:05geological formation underlying your
- 44:07common land that feeds it. You can hire
- 44:09a hydraologist if you'd like. I already
- 44:12did. He was very expensive and he's very
- 44:14sure. Gwen looked at the map for a long
- 44:17time. She did not look at the spring.
- 44:20Dale standing beside her finally said
- 44:22the thing everyone was thinking. Gwen,
- 44:24he said quietly. There's no case. The
- 44:28walk back was very quiet, but the
- 44:30evening was not over. Because I had
- 44:31asked for one more item to be placed on
- 44:33the agenda, and the association's own
- 44:36bylaws required any member in good
- 44:38standing to be allowed 5 minutes of
- 44:40public comment. I was not a member, but
- 44:42Frank Dillard, it turned out, had been
- 44:44one once, and Nolan Pierce, too. And
- 44:46both of them had kept their original
- 44:48membership certificates, which had never
- 44:50been formally revoked. When we returned
- 44:53to the clubhouse, Frank stood up first.
- 44:55He did not use the microphone. He did
- 44:58not need to. He told the room in the
- 45:00same flat tired voice he had used on his
- 45:02tailgate in June. How he had bought
- 45:04parcel 7 in 2019. How his gate coat had
- 45:07stopped working 3 days later. How he had
- 45:10lasted 14 months and how the association
- 45:12had bought his land back for less than
- 45:14half of what he paid. Then Nolan Pier
- 45:17stood up and told the same story 2 years
- 45:18earlier with the same ending. Then I
- 45:21stood up and I laid three disclosure
- 45:23packets on the table in front of the
- 45:24board. Nolan's from 2017. Frank's from
- 45:282019. Mine from this year. In 2017, I
- 45:32said the association told the truth.
- 45:34Page 15, section 15, access and
- 45:36easements. It says parcel 7 has no legal
- 45:39access through Aspen Crest Roads. In
- 45:422019, the page was gone. This year, it
- 45:45was gone again. The table of contents
- 45:47still lists it. Someone took it out by
- 45:49hand. I turned to the room. Three times
- 45:52this association sold a piece of land it
- 45:55knew had no road. Three times it locked
- 45:57the gate. Twice it bought the land back
- 45:59for less than half and kept the
- 46:01difference. That money went into your
- 46:03accounts. Some of you are sitting in the
- 46:05clubhouse it helped pay for. I don't
- 46:07think most of you knew. But now you do.
- 46:10There was no shouting. That is the thing
- 46:12I remember. I most nobody shouted.
- 46:15People just looked at each other and
- 46:17then at the board and then at the three
- 46:19stacks of paper on the table. The
- 46:21silence in that room was louder than any
- 46:23argument I have ever heard. An older man
- 46:25in the third row, a retired dentist
- 46:27named Harold Wit, stood up and said, "I
- 46:29move that the board be removed effective
- 46:32immediately." Someone seconded. The vote
- 46:35was not close. Gwen Harkort gathered her
- 46:38papers without a word and walked out
- 46:40through the side door. Dale Mercer sat
- 46:42there for a long moment staring at the
- 46:44picture of water on the table and then
- 46:46he followed her. They had spent 7 years
- 46:48waiting for other people to run out of
- 46:50time. That night it finally happened to
- 46:53them. I have been asked since whether I
- 46:55sold the association any water, whether
- 46:58I made them pay, whether I got even. The
- 47:01answer is no. A few weeks after the
- 47:03meeting, the new board asked very
- 47:05politely whether I would be willing to
- 47:06sell them the rights to the spring. I
- 47:09told them the spring was not for sale.
- 47:10It never was. It did not belong to me
- 47:13any more than the rain belonged to the
- 47:15clouds. What I did instead was this. At
- 47:17the bottom of the service road where the
- 47:19six boulders used to sit, I installed a
- 47:21public water spigot fed by the pipe from
- 47:23the spring with a small wooden sign
- 47:26beside it. It said, "Take what you need.
- 47:29Anyone could use it. The families of the
- 47:31lane, the farmers from down the county
- 47:33road, and yes, the families of Aspen
- 47:36Crest until the rains came back and
- 47:38their new well was drilled in October. I
- 47:40did it free because the spring had never
- 47:42cost me anything except the effort of
- 47:44looking. Some of them came in the early
- 47:46mornings when they thought no one would
- 47:48see. They filled their jugs quietly and
- 47:51did not make eye contact. I always said
- 47:53good morning anyway. More than one of
- 47:55them eventually said it back. In
- 47:58September, the 11 families of the lane
- 48:00formally notified the county that they
- 48:02had never been members of the Aspen
- 48:03Crest Homeowners Association. The
- 48:06association did not contest it. Brenda
- 48:08Kay's $4,000 DB was wiped out with a
- 48:11single sentence in a single letter. She
- 48:13framed that letter and hung it in her
- 48:15kitchen right next to her kids' school
- 48:17photos. The county raided the old
- 48:19service road as a permanent private
- 48:20access route. The bank dispersed my
- 48:23construction loan. Mr. Toiver, the code
- 48:25inspector, came by one afternoon to
- 48:27approve my septic plan and stayed an
- 48:29hour because I had made coffee with
- 48:31spring water and he said it was the best
- 48:33cup he'd had all year. And on the first
- 48:35cool morning of October, a flatbed truck
- 48:38turned off County Road 214. It was Ray
- 48:41the driver from Joplain. the same man
- 48:43who had idled outside the Aspen Crest
- 48:45gate on the first morning and told me he
- 48:47had never seen a seller locked the buyer
- 48:49out. He drove up the service road
- 48:52slowly, the cabin material strapped down
- 48:54on his trailer. And as he went by, the
- 48:56families of the lane came out onto their
- 48:58porches. Loretta with her cane, Walter
- 49:00and Jun Oaks, Hector and Anna with their
- 49:03three kids waving, Brenda Kay and her
- 49:05scrubs holding a coffee mug, Old Mister
- 49:08Crowley helped to his railing by his
- 49:10grandson. 11 porches, 11 families.
- 49:14Standing there in the cool morning
- 49:16light, watching a truck go by on a road
- 49:18that had always been theirs. At the
- 49:20bottom of the road, there is a new sign
- 49:21now. Hector painted it. White letters on
- 49:24a green board. 11 lane. My cabin sits on
- 49:28a little rise above the ravine. Now from
- 49:31the porch, if the wind is still, I can
- 49:33hear the creek running at night. The
- 49:35same low, patient murmur I heard the
- 49:37first day I cut my way into the thicket.
- 49:39I think about it often. how that water
- 49:41had been there the whole time before the
- 49:44gate, before the letters, before the
- 49:46machine started turning, running through
- 49:48the dark under three owners and seven
- 49:51years and a 100 walks through the woods.
- 49:53While everyone looked right past it,
- 49:55nothing had hidden it. Nobody had buried
- 49:57it. It had simply been in the one place
- 50:00no one bothered to look beneath the
- 50:01thorns, beneath what was inconvenient,
- 50:03beneath what was easy to dismiss. The
- 50:06people on the ridge believed the
- 50:07valuable things were the ones you could
- 50:09see from the road. The stone houses, the
- 50:12green lawns, the gate that opened for
- 50:14some cars and not for others. They were
- 50:17wrong. The most valuable things on that
- 50:19hill had always been the quiet ones. A
- 50:21spring in a ravine, a gravel road behind
- 50:24the clothes lines. 11 families who
- 50:27signed their names without asking what
- 50:29was in it for them. I paid $148,000 for
- 50:3260 acres of land with no road. It turned
- 50:36out I had bought the only thing on that
- 50:37hill that was worth anything at all. And
- 50:40the road, when I finally found it, had
- 50:42been there the whole time, too. It just
- 50:44ran through my neighbors backyards. The
- 50:46end.
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