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Arkansas Real Estate Law Questions & Answers
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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1 Answer | Asked in Real Estate Law for Arkansas on
Q: If you own property jointly, undivided, can one owner force a sale? Or could it instead be divided?

My 2 brothers and I jointly own our family farm. It was deeded to us by our parents undivided. I and one brother each own 37.5%, the other brother owns 25%. Can one owner force a sale instead of having it divided? Would a judge typically force a sale over division?

Anthony M. Avery
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answered on May 23, 2023

If you sue for Partition, a Partition in Kind is possible to give each owner certain parts of the tract. If it cannot be fairly physically divided, then a Partition Sale will be ordered to divide the Sale Proceeds. Consult with an AR attorney.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How to cancel a right of way given to the county? I canceled real estate project. No money given or work done by anyone.

I was required to grant a right of way dedication for a project at the entrance of my land to the county. I have canceled the project. I was required to sign a quitclaim deed to get the project approved. I have canceled the project and plan to sell. The right of away is not needed anymore. It... View More

Peter J. Weinman
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answered on May 23, 2023

Assuming it was recorded (which would have been required to obtain the approval), you cannot cancel a conveyance and you will need the county to convey it back to you.

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I am answering this question from my New York Perspective.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can my neighbors get an injunction to keep me from Crossing their property thereby us being homeless

I am in Arkansas This is a 6 to 10 ft section of property that we made an agreement on we could use and have been using their Road for a year and a half now that we are moving on our property they want an injunction where we cannot cross over this section. My question is how likely what a judge... View More

Peter J. Weinman
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answered on May 11, 2023

Your property is landlocked, you made an agreement for an easement over your neighbor's land, and now the neighbor is preventing you from accessing your property? Without more information, we cannot guess your next best move. How long have you owned the landlocked parcel? Was it once part... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Deceased dad's & his girlfriend's names are on a deed to property they bought together 3 years before he passed. No will

Dad passed in 2015. Girlfriend has contacted me this week wanting me to sign a quitclaim deed so she can sell this property. Do I have any rights to my Dad's portion of this property? Would the deed say heirs on it.? Right now the county tax accessors has it listed with her name- and his hame... View More

Anthony M. Avery
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answered on May 5, 2023

Hire a competent AR attorney to at least read the Deed. It is very possible that you own an one/half undivided interest as a tenant in common. But someone needs to determine the title. If you are one of the two owners, then agree to the sale and do not sign a Deed until you are paid half the... View More

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: In Arkansas, what is the easiest and cheapest legal way to get a person off a deed who’s not supposed to be on the deed?

I live in Michigan.

In Arkansas, my brother and I inherited land from my deceased father. Using a lawyer, he had purchased land from relatives using quit claim deeds.

However, to save money, he used a Bill of Sale to purchase land from one relative. This relative is still... View More

Anthony M. Avery
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answered on Apr 13, 2023

Bill of Sale is not a conveyance. Suing for Specific Performance will cost some money. Call AR attorneys who handle property litigation. A Partition suit is probably your best option, and hopefully the lawyers can get paid from sale proceeds.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: On the Quit Claim Deed it says: His name Or My name Filed at Recorder Office in Sept 2006. He passed 9 mo

He passed 9 months ago.We both lived on property since 2007

Is this Joint Tendency? Property transfer to me? What do I do to remove his name. I have a Certified Death Certificate

Anthony M. Avery
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answered on Mar 27, 2023

Sounds like a Tenancy In Common where both owned one/half Undivided Interests, if no survivorship condition is shown. But an examination of the Deed and a Title Search are necessary. It sounds like his Heirs took his interest.

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
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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... View More

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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... View More

Nina Whitehurst
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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
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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
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answered on Nov 4, 2022

Hire a competent AR attorney to search the Title and determine ownership.

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