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Arkansas Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arkansas on
Q: In arkansas Is there a way to claim land if is not showing to be anyone on the county records ?
James L. Arrasmith
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answered on Feb 22, 2024

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... View More

0 Answers | Asked in Real Estate Law for Arkansas on
Q: How to prove that family land was sold without approval 50 years ago .

A abusive husband and a drunk took advantage of a mildly retarded women , married her and then sold her land, this was my great aunt, how to prove if both are deceased.

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Real Estate Law for Arkansas on
Q: what are Arkansas law regarding existing fencing that has been in place for more than 10+ yrs?

Property we bought about 11 yrs ago had already fencing around it from neighbors. We left it as such and built more fencing that ran into already built parts and have repaired older fencing. Now a neighbor bought some of the property from newer neighbors and want to tear down existing fencing and... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2024

An Arkansas attorney could advise best, but your question remains open for a week. Your question may run deeper than technicalities about fence construction. Your post suggests a property dispute. You could repost and add "Real Estate" as a category. If this involves adverse possession... View More

1 Answer | Asked in Family Law and Real Estate Law for Arkansas on
Q: My mom passed recently. The deed to her property has my grandmother then my mother's name and her heirs. My grandmother

Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.

James L. Arrasmith
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answered on Jan 22, 2024

If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: My father passed away in Texas, but had land in Arkansas. How do I get that land in our name? What form do we need?

My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More

Anthony M. Avery
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answered on Jan 11, 2024

If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More

1 Answer | Asked in Real Estate Law and Federal Crimes for Arkansas on
Q: My wife took out an ARM loan with out my knowledge. It's that legal
Anthony M. Avery
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answered on Dec 5, 2023

Wife can encumber her property interests without your consent or knowledge.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: If a will that includes property in Arkansas states that the sell of property be sold and divided 5 ways

But the title company says it has to be divided 7

ways…can the title company go against the will?

Anthony M. Avery
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answered on Nov 30, 2023

I rarely give much credence to title co's, but they might be right on this. Hire an attorney to search the title and determine the precise ownership.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Arkansas on
Q: Can I move into an abandoned property?
James L. Arrasmith
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answered on Nov 17, 2023

In Arkansas, moving into an abandoned property without permission is not typically legal. This action could be considered trespassing or squatting, which are illegal. To legally occupy an abandoned property, you would need to gain ownership through legal means, such as purchasing the property or... View More

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 Bankruptcy, Civil Litigation and Real Estate Law for Arkansas on
Q: How to handle a judgement?

I was involved in a real estate lawsuit over a house I purchased. The home has over 100k in structural damage that was discovered just a month after purchase. Unfortunately the judge threw my case out a day before trial and awarded attorney fees of $15k to the seller. I don’t have money to repair... View More

James L. Arrasmith
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answered on Nov 5, 2023

Facing a judgment can be daunting, especially when it threatens your financial stability. First, you should evaluate the judgment to ensure it was entered correctly and contemplate whether grounds exist to appeal the decision or set it aside. If that's not a viable option, and your financial... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: I'm looking for a pro bono individual rights attorney

It's ever a property case for a gentleman has put up a fence and is trying to steal my mom's property

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2023

An Arkansas attorney could advise best, but your question remains open for a week. At this point, you could try reaching out to legal aid societies and bar associations if they can offer direction. You could also try adding Real Estate as a category - real estate attorneys have insight into matters... View More

1 Answer | Asked in Real Estate Law for Arkansas on
Q: I've had possession of a house that my father in-law owns for 25 years in 2015 I went to Georgia but I kept up the bills

And maintenance.He passed away in 2018 without a will and did not have to pay taxes can we my wife and I "his daughter" claim the property

T. Augustus Claus
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answered on Sep 21, 2023

In Arkansas, you might be able to claim ownership through "adverse possession" if you've been in continuous, open possession of the property for a certain period. Additionally, since your father-in-law passed away without a will, his estate would typically go to his closest... View More

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

Anthony M. Avery
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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 Real Estate Law and Probate for Arkansas on
Q: What needs to be done to get clear title to property with defective deed.

In the 1960s my grandparents purchased a lot alongside a highway in Arkansas. My Mother inherited this lot and wants to be able to sell it. However, the original deed’s description has an error, such that the north property line coincides with the centerline of the highway, when it should have... View More

Anthony M. Avery
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answered on Aug 21, 2023

A conveyance to a family member with a correct legal description based upon adverse possession with color of title might work to get it sold later. You need a good lawyer, not a title company. Keep in mind your title is not going to be perfect as the correction deed should have been executed... View More

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 Real Estate Law and Land Use & Zoning for Arkansas on
Q: How can we force a person to move the mobile homes that are across property line on property we own in Arkansas?

We have recently purchased land next to our home. The owner of the adjoining land has 2 mobile homes which extend way over the property line onto our property. We would like for the mobile homes to be moved over off of our property so we can erect a fence. We have a survey and the corners are... View More

Anthony M. Avery
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answered on Jul 31, 2023

You have a boundary dispute, which should have been discovered prior to the deed execution by a survey and looking at what you bought. If you received a warranty deed you may have a claim against the grantors , who need to be notified now. Hire a competent AR lawyer to search both titles, and... View More

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.

Anthony M. Avery
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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 and Land Use & Zoning for Arkansas on
Q: Can you obtain an abandoned property by filing a notarized affidavit for adverse possession with the courthouse

Within 30 days in the state of Arkansas

T. Augustus Claus
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answered on Jul 17, 2023

To claim adverse possession in Arkansas, you generally need to meet specific legal requirements, which may include openly possessing the property, using it exclusively, paying property taxes, and maintaining possession for a certain period of time (often 7 years in Arkansas). Additionally, you may... View More

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: Is a heir responsible to grant a first right of refusal her deceased relative made before their death?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... View More

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