Lawyers, Answer Questions  & Get Points Log In
Arkansas Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Arkansas on
Q: Is there variation of pin distance from original survey boundary line when pins are consistently place by water meter

My Arkansas home is built on a zero lot line. How do I verify the original pin has not been moved during construction

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 15, 2023

What is your question? Apparently your new survey is different from the old. You might contact the surveyors, but if they talk to you they will defend their opinions. Declination might be a factor here, but probably one survey was more precise than the other. If you have a dispute then hire... Read more »

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Mom passed away 2019.I bought & occupied home from her & took over mtg pmts 2006.Never transferred ownership.What to do?

My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 18, 2023

Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: In Arkansas can real estate owned by only one spouse although bought while married be sold without permission from the o

Other spouse

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 14, 2022

It sounds like only one spouse is the titled owner, who can convey. An immediate divorce action might bring all property of the Parties into play, especially with a possible Injunction requested. Hire an AR attorney now.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My mother in-law made a living estate with my husband he just passed away we have been married 9 yrs I paid the taxes

I told her if anything was to happen to him I wanted the house and my husband told her when he passed I was to get the house and she said yes

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 4, 2022

Hire a competent AR attorney to search the Title and determine ownership.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: What is the process of buying land from an out of state seller? It's only $400 for the land.

The property is next door to me and has no house on it.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 27, 2022

Same process as an in state seller. Hire an attorney to search the title, then draft the Deed. Your purchase does not sound good. Seller has to execute it before a Notary.

But sending him money might get nothing back.

1 Answer | Asked in Employment Law, Real Estate Law and Business Law for Arkansas on
Q: Is there a conflict of interest for me as a "active" realtor to start a new job as assessor or appraiser for Pulaski Co?

I'm basically wondering if I'll be able to keep my license active and sell real estate part time while working as an assessor and eventually an appraiser for Pulaski County or not.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 6, 2022

Contact your State Regulatory Agency which licenses real estate agents and ask them.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Arkansas on
Q: How to transfer land title ownership when owner passed 30 yrs prior without will and no probate in Arkansas

Hi my grandmother passed away back in 1993. My father her eldest son moved in her home and lived there for 24-25 yrs until his death in 2014. He never probated property due to being unable to locate her will. However, the whole time he lived on property he did perform upgrades by adding a pond and... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 11, 2022

You will need to hire an attorney to determine Heirship as the Heirs own the land a Tenants In Common. Then an Affidavit of Heirship will need to be recorded. And someone still needs to pay taxes.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: What are the laws in Arkansas when I just bought property and there is someone staying on it and I want them gone ?

There is no home or house property they are staying in a travel trailer . Do i have to do a eviction on them ?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 14, 2022

Immediately hire a competent AR lawyer to prosecute a possessory/eviction action. Hopefully the occupants will not claim Adverse Possession or that the SOL has run.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: What does it mean when a realtor says the estate hired them to sell my house
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 11, 2021

It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: We purchased a property that has an easement to the land behind ours. Are we able to terminate that easement?

Easement is to the property behind us. The property is primarily woods and pasture area not used. The people who own that land do not use the easement properly and go through out property as an "easier" route. We would like to terminate the easement but are unsure if that's possible.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 24, 2021

Hire a competent AR attorney for specific advice after searching both titles. Easement descriptions do not have to amount to much, not like the property's legal description.

Termination is possible in many ways, but it sounds like they will ignore your efforts and probably will sue you.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I want to sell my ten acre portion of co owned 30 acres
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2021

I doubt you have a portion of 30 acres owned with other tenants in common. Hire a competent AR attorney to search the title to determine what exactly you own. Then file an action for Partition if the others will not agree to sell or buy you out.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas on
Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 17, 2021

More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: If my neighbor has an ingress egress easement on my property, does that give them the right to park in the easement?

Also, if I have an ingress egress easement across their property line that runs the same length and width of the one on my property, but my easement is encroached on the entire length of the easement is that grounds to have the easement removed?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2021

Yes. No. You need to talk to a competent attorney. Searching both Titles may help as the Easements need to be closely examined as they may not be enforceable.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My grandmother owned her house, in her name only,passed away. Do we need a lawyer to get a deed written?

My mom was her power of attorney before she passed, she didn't have a written will but had verbally said the house would be mine when she passed. Can we write a deed on our own?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 14, 2021

The Heirs At Law own the property as Tenants In Common. All Heirs must be Grantors on the proposed Deed. You may need an attorney to determine heirship.

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Arkansas on
Q: There exists property owned by 2 families. 1 family has never paid taxes. A prospective buyer made an offer to purchase.

Many members of the family who doesn't pay taxes cannot be located. How can this be sold with a clear lien so that the taxpaying family can proceed with the sale? The offer was made in 2020.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 26, 2021

You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Spouse of deceased son was replaced in his mother’s will to inherit her son’s portion of estate. The property deed was

not changed into the spouse name (3 other children on deed). Upon the mother’s death, will spouse have to share her 1/4 of of the house sale with her adult children? Arkansas law applies. Thank you

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 6, 2021

From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.

1 Answer | Asked in Immigration Law and Real Estate Law for Arkansas on
Q: if land is co owned with a non citizen and non citizen gets deported will the Government take the land?
Adan Vega
Adan Vega
answered on Mar 19, 2021

The following is one example where real estate is in jeopardy of confiscation:

A foreign national who has been deported can have real estate confiscated if the property has been used for illicit purposes involving controlled substances and the person has been charged and convicted for...
Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Hello, Does a quit claim or warranty deed require the signature of the grantee? And the reference. Thanks, Dwayne
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 15, 2021

No as it is the grantors who are conveying their estates. But the Deed must be delivered to the grantee, who also must accept it. These contractual requirements are often assumed until a legal problem arises. Sometimes grantees sign the valuation statements.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Does Arkansas law require the seller of a piece of land to disclose his or her marital status on the deed?

I purchased a piece of land from a widow who was the sole inheritor of the property. I prepared the deed myself and did not list her marital status on the deed. I am now trying to sell it through a title company and they said that, according to Arkansas law, her marital status must be listed on the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 8, 2021

Sell it to someone else with another Deed or change the Deed you already drafted. You probably need an attorney and list it with an agent.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: How can I get legal transfer of diseased mother's home.

My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 5, 2021

You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.