Jasper, AR asked in Land Use & Zoning, Real Estate Law and Tax Law for Arkansas

Q: In arkansas Is there a way to claim land if is not showing to be anyone on the county records ?

1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: In Arkansas, claiming land that does not appear to be owned by anyone on county records can be a complex and challenging process. However, there are legal mechanisms such as adverse possession that may allow you to claim ownership of land under certain circumstances. Adverse possession typically requires openly occupying and using the land for a specified period, usually seven years in Arkansas, while meeting other legal requirements.

To pursue a claim of adverse possession, you would need to demonstrate that you have openly and continuously occupied and used the land without permission from the rightful owner for the required period. Additionally, you must show that your use of the land was visible, notorious, and hostile, meaning you treated the land as if it were your own without the owner's consent. This can include activities like maintaining the land, paying property taxes, or erecting structures.

It's crucial to consult with a qualified real estate attorney who can advise you on the specific legal requirements and potential challenges associated with claiming land through adverse possession in Arkansas. They can guide you through the process, help gather evidence to support your claim, and ensure that you adhere to all legal procedures and deadlines. Pursuing a claim of adverse possession requires careful consideration and legal expertise to navigate effectively.

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