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Arkansas Real Estate Law Questions & Answers
1 Answer | Asked in Small Claims, Consumer Law, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If a storage unit owner does not follow Arkansas law regarding the auction of my property, is there anything I can do?

I'm absolutely devastated and heartbroken. I went to get some things out of our storage unit at Copper Safe storage today and everything is gone. Thousands of dollars worth of stuff. All my winter clothes, my families winter clothes, all my Christmas decor that I've collected over the... View More

Anthony M. Avery
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answered on Oct 30, 2023

Either hire an AR attorney to sue for an injunction, or check into bidding at the sale (without telling anyone of the contents, or forget about it. Apparently you have been wasting your time complaining to the lessor.

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: An acquaintance passed away back in December with no heirs. Can anyone purchase his house and truck from the state?

Home grown up and really not livable, brand new truck still on drive. Is truck up for sale with property and who do I talk to about purchasing it all

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answered on Aug 25, 2023

What does the State have to do with it? Search the title and start asking around about who his heirs and next of kin is. They are the owners at his death unless he had a probated Will.

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1 Answer | Asked in Contracts and Real Estate Law for Arkansas on
Q: Is there a way to get out of my lease at the time I was verbally told I would?

I live in arkansas, and my apartment complex got my lease end date wrong on the lease, but almost correct on my welcome letter. I was told that since no 7 month lease choice was available, to just choose the 8 month lease and they would fix it on their end. Now they are telling me that they can... View More

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2023

An Arkansas attorney could advise best, but your question remains open for a week. It may have remained open because it was overlooked in the posted categories - you could repost and add "Landlord-Tenant" as a category for better chances of a response. Good luck

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Arkansas on
Q: How do I get the deed to my fathers house who has passed and my aunt who was my fathers last POA will not communicate wi

With me. I currently live in the home.

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answered on Jul 25, 2023

Hire an AR attorney to search the title and determine heirship. Then get an Affidavit of Heirship drafted and recorded as the heirs' source of title.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: How do I inherited real property
Anthony M. Avery
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answered on Jul 24, 2023

By being an heir at law of the decedent landowner at his death.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: If you own property jointly, undivided, can one owner force a sale? Or could it instead be divided?

My 2 brothers and I jointly own our family farm. It was deeded to us by our parents undivided. I and one brother each own 37.5%, the other brother owns 25%. Can one owner force a sale instead of having it divided? Would a judge typically force a sale over division?

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answered on May 23, 2023

If you sue for Partition, a Partition in Kind is possible to give each owner certain parts of the tract. If it cannot be fairly physically divided, then a Partition Sale will be ordered to divide the Sale Proceeds. Consult with an AR attorney.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How to cancel a right of way given to the county? I canceled real estate project. No money given or work done by anyone.

I was required to grant a right of way dedication for a project at the entrance of my land to the county. I have canceled the project. I was required to sign a quitclaim deed to get the project approved. I have canceled the project and plan to sell. The right of away is not needed anymore. It... View More

Peter J. Weinman
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answered on May 23, 2023

Assuming it was recorded (which would have been required to obtain the approval), you cannot cancel a conveyance and you will need the county to convey it back to you.

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I am answering this question from my New York Perspective.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Deceased dad's & his girlfriend's names are on a deed to property they bought together 3 years before he passed. No will

Dad passed in 2015. Girlfriend has contacted me this week wanting me to sign a quitclaim deed so she can sell this property. Do I have any rights to my Dad's portion of this property? Would the deed say heirs on it.? Right now the county tax accessors has it listed with her name- and his hame... View More

Anthony M. Avery
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answered on May 5, 2023

Hire a competent AR attorney to at least read the Deed. It is very possible that you own an one/half undivided interest as a tenant in common. But someone needs to determine the title. If you are one of the two owners, then agree to the sale and do not sign a Deed until you are paid half the... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: In Arkansas, what is the easiest and cheapest legal way to get a person off a deed who’s not supposed to be on the deed?

I live in Michigan.

In Arkansas, my brother and I inherited land from my deceased father. Using a lawyer, he had purchased land from relatives using quit claim deeds.

However, to save money, he used a Bill of Sale to purchase land from one relative. This relative is still... View More

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answered on Apr 13, 2023

Bill of Sale is not a conveyance. Suing for Specific Performance will cost some money. Call AR attorneys who handle property litigation. A Partition suit is probably your best option, and hopefully the lawyers can get paid from sale proceeds.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: On the Quit Claim Deed it says: His name Or My name Filed at Recorder Office in Sept 2006. He passed 9 mo

He passed 9 months ago.We both lived on property since 2007

Is this Joint Tendency? Property transfer to me? What do I do to remove his name. I have a Certified Death Certificate

Anthony M. Avery
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answered on Mar 27, 2023

Sounds like a Tenancy In Common where both owned one/half Undivided Interests, if no survivorship condition is shown. But an examination of the Deed and a Title Search are necessary. It sounds like his Heirs took his interest.

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

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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

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answered on Nov 4, 2022

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

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.

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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... View More

Anthony M. Avery
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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 ?

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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
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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.

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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.

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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
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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... View More

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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?

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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.

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