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Arkansas Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: I'm buying small undeveloped parcels of real estate in Arkansas as an investment and for resale.

I'm having trouble with identifying to potential buyers parcels with no individual street or highway numbers. The Perry County 911 Coordinator tells me that they don't assign numbers until a home is built. When this problem arose earlier with my own home, the local post master told me to... Read more »

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Arkansas on
Q: My dad deeded the house to me and he passed away 2 years ago. It still has a mortgage and want to rent it

Do I pay tax on all that is collected when I am using it to pay the mortgage, taxes and insurance? Is there any deductions?

0 Answers | Asked in Real Estate Law for Arkansas on
Q: in contract on a multi-family portfolio owned by one owner under two LLCs is it possible to get title Insurance on this

I am getting a mortgage on half of the properties and the owner is financing the other half problem is for the equity to add up to where the mortgage company will finance there has to be properties from both LLCs in the mortgage the title company is saying this cannot happen is it possible to do... Read more »

0 Answers | Asked in Real Estate Law for Arkansas on
Q: I bought a house and found out the property line runs thru it. Now the owner of the property wants me to pay them for it

The people who actually own the property line want me to pay them for it and said the previous owners were aware of the issue just didn’t disclose it. What can I do?

0 Answers | Asked in Real Estate Law for Arkansas on
Q: Purchasing home in Arkansas, it would be owned by myself and my wife 50% and our aunt 50% how can we do this?

Want to be able to avoid and ownership disputes. Would be home with property and primary residency for all 3.

We have 2 beneficiaries at 25% each and aunt would have 1 beneficiary at 50%. Any decisions must have agreement of all.

0 Answers | Asked in Real Estate Law, Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Arkansas on
Q: Served Writ of Possession for the trailer I live in. Any rights to fight it and stay there until a court makes decision?

I had an agreement in writing with the original owner of the property to purchase it which I did; however, not by obtaining a mortgage.

I rented to own for several years. The owner passed away. Now his daughter is trying to have me kicked out so she can take over possession of the... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Arkansas on
Q: Month-to-month renters in house purchase

We are buying an investment property with month-to-month renters still residing in the house. They never had a term lease, only month to month. If they are given more than 30 days (44 days between when we sign contract and closing) notice to terminate and vacate by current owner/landlord before... Read more »

0 Answers | Asked in Real Estate Law for Arkansas on
Q: 2 wills 2 different heirs, I was the caregiver and lived with my client for 7 years she willed real estate me&other1

Now other person trying to have me removed he lives out of state and I was in hospital w/ covid when he gave his will to tax assessor and had it switched into his name.

0 Answers | Asked in Real Estate Law for Arkansas on
Q: I was given a homestead tax relief for my property in Arkansas. Can that property be used for bail?

My house is on bond. However, my property and house was given a homestead tax relief for 2022 in Arkansas. The law says the house can not be used for sales of debt or for seizure.

0 Answers | Asked in Real Estate Law for Arkansas on
Q: I moved out of my rental. It is in pristine condition and the land lord did a walk through. She is claiming that she

Won’t refund my security deposit until someone new moves in? Is this legal.

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
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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
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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
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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.

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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.

Anthony M. Avery
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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
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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
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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.

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