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Arkansas Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Banking for Arkansas on
Q: If you have a co signer on a mortgage can you deed the one in only one of the party's names?

If at anytime the co singer wants the home can they kick the main person out of the home

0 Answers | Asked in Family Law and Real Estate Law for Arkansas on
Q: I am evicting my 18 year old. The cops told her because she is a resident here in my house she can bring whomever she wa

She has no financial interest and does not pay rent. How do I keep others off my property. She is documented mentally unstable. I own my home solely.

0 Answers | Asked in Criminal Law and Real Estate Law for Arkansas on
Q: In the state of arkansas if there are no signs posted no trespassing & a pond visible & you stop, catch & release,

Can a warrant be issued for criminal trespassing without anyone from law enforcement or a property owner contacting you? No citation just a warrant appears in your name out of the blue, is that even legal?

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Is there any law for a seller to get out of a real estate contract before closing?

I do not see any specific contingency in the contract for the seller to terminate the contract. There is a contingency on an addendum that the "buyer reserves the right for any reason or no reason in it's sole discretion to terminate this agreement by writing no later than 5 days before... View More

Anthony M. Avery
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answered on May 23, 2024

Purchasers/Sellers breach real estate contracts daily, with few consequences. Usually only earnest money or a real estate commission are the only actual penalties. But a Specific Performance action is a possibility. Breaching Parties always take a chance.

1 Answer | Asked in Real Estate Law and Estate Planning for Arkansas on
Q: Is there a legal binding document for an heir to sign over their rights to another heir, until we can afford to hire an

There’s 5 heirs to a small plot of land.. 3 of which don’t want anything to do with it so they agreed to sign their part over..can a notarized, witnessed statement be legal binding? need it just till we can pay an attorney to file all the paperwork..

Anthony M. Avery
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answered on Apr 1, 2024

Your agreement is unenforceable, as land is usually transferred by deed or heirship. Hire an AR attorney to search the title and draft a deed for the three heirs to convey to the other two as tenants in common.

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

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

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