HOA President Poured Concrete Over a Rancher’s Access Road — Then His 1948 Deed Froze Her $4.8 Million Clubhouse Loan

Chapter 4

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Then signs.

PRIVATE PROPERTY — HOA AUTHORIZED PERSONNEL ONLY

One sign stood directly across his gravel road.

The Homeowner photographed it.

Workers installed erosion barriers.

Survey crews marked footings.

An excavator cut across the old access road.

By Thursday, no truck could pass.

The Homeowner did not interfere.

That confused the President.

She expected a fight.

Instead, each afternoon, she saw him on the other side of the fence doing ranch work.

Sometimes he watched.

Usually he did not.

On Friday, the excavation crew hit rock.

The Homeowner heard the first drilling rig from his barn.

By noon, the foreman had broken two cutting teeth.

Pale gray stone came from the trench.

Dense.

Hard.

The Homeowner walked to the fence.

The Site Manager stood beside the excavation looking furious.

The President was there too.

Bright orange blazer.

White blouse.

Matching orange trousers.

Hard hat someone had reluctantly convinced her to wear.

She saw the Homeowner.

“What?”

“Nothing.”

He looked toward the rock pile.

She folded her arms.

“You look interested.”

“What is that?”

“Bedrock.”

He took out his phone.

Photographed it.

The President laughed.

“You planning to file a complaint about rocks now?”

“No.”

He zoomed in.

Took another photo.

“Just curious.”

The Site Manager looked toward him.

“Probably dolomite.”

The Homeowner nodded.

“Looks like it.”

The President waved dismissively.

“Whatever it is, they can drill through it.”

The Site Manager did not look confident.

The Homeowner returned to the barn.

His attorney called twenty minutes later.

“Tell me you have photos.”

“Already sent.”

Pause.

“Oh, Brett.”

Her voice contained a strange mixture of excitement and alarm.

“What?”

“The title examiner found everything.”

He sat on a workbench.

“And?”

“No release.”

“No quitclaim.”

“No mineral merger.”

“No termination.”

“The severance is still recorded.”

The Homeowner looked toward the construction site.

“So I own the rock.”

“You own the commercially valuable limestone and dolomite.”

“And access?”

“That’s the bigger issue.”

He waited.

“The deed explicitly reserves ingress and egress for extraction and transport.”

“Across the parcel?”

“Yes.”

“Where?”

“Reasonable route.”

“That’s vague.”

“Yes.”

“But your family historically used the gravel road.”

“For decades.”

“Which helps.”

The Homeowner thought.

“What can they build?”

“Nothing that unreasonably prevents exercise of the retained mineral estate.”

He looked toward the clubhouse plan.

“And pouring a giant foundation over it?”

His attorney laughed.

“That would be difficult for them to defend.”

The Homeowner leaned back.

“How difficult?”

“Do not destroy anything.”

“I wasn’t planning to.”

“Do not bulldoze anything.”

“I know.”

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HOA President Poured Concrete Over a Rancher’s Access Road — Then His 1948 Deed Froze Her $4.8 Million Clubhouse Loan

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