Lawyers, Answer Questions  & Get Points Log In
Arkansas Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Arkansas on
Q: I lived in my house for 5 years then rented it out the last 2 years I live in Missouri the house I rented is in Arkansas

Do I have to pay capital gains tax on profits or any taxes on the sale of the house if I sell this year?

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

0 Answers | Asked in Real Estate Law for Arkansas on
Q: Who is responsible for repairs or replacements of drainage pipes within an easement in a subdivision not in a city?

There is not a special improvement district or an active Property Owners Association that I know of.

0 Answers | Asked in Divorce and Real Estate Law for Arkansas on
Q: If my divorce papers state the property comes back to me after 120 days of no change do I have to go back to court?

The house went through foreclosure and I am refinancing it through the bank. There was a separate lot that is owned by an individual. He stated that he needs something legal to prove that he can give me the deed in just my name when it is paid off. Would my divorce papers not prove that??

0 Answers | Asked in Real Estate Law and Banking for Arkansas on
Q: Can spouse refinace our house with my approval in arkansas.

Can spouse refinance house without my approval in arkansas.

0 Answers | Asked in Contracts and Real Estate Law for Arkansas on
Q: On a contract to buy a home with 2 yr balloon (we got a 3rd year), if we miss payments can they take it back? How?

We can’t get a mortgage yet, 3rd yr up May 1. Cannot make Feb payment. Can we stay till zmay 1 or can they take it now?

0 Answers | Asked in Family Law, Real Estate Law, Probate and Public Benefits for Arkansas on
Q: my mom passed on January 13th, 2023. My dad passed on April 29th, 2017. They both own their home. no will 4 kids.

my oldest brother has a different dad then the rest of us. i was wanting to know whats going to happen to the house

0 Answers | Asked in Real Estate Law for Arkansas on
Q: There is a bill of assurance for all the lot's in our subdivision. One of those lots is owned by a church who's building

Is not in the subdivision and the have been trying to find a way to use this lot for a parking lot. They were denied a conditional use permit so we want to add to the bill of assurance no parking lots or playgrounds. How do we do this?

0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Arkansas on
Q: City planning is telling me I will not be able to place a manufactured on an RM-3 lot. Is this legal?

I'm looking to buy a quarter acre lot, bring the utilities onto it from the street, and place a manufactured home on it in the next few years. But city planning is telling me it has to be in a designated "trailer park".

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.

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.