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Arkansas Land Use & Zoning 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

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 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 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 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 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

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 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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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 Land Use & Zoning for Arkansas on
Q: can i use a private lane to access my property
Matthew Williams
Matthew Williams
answered on Mar 10, 2021

Do mean can I drive through someone else's property without permission? No.

1 Answer | Asked in Criminal Law, Civil Rights and Land Use & Zoning for Arkansas on
Q: Can I let my yard grow as the Creator intended against city ORDINANCE under RFRA,

Can I advance my religion (native American) as defense to failure to cut grass,?

W. Whitfield Hyman
W. Whitfield Hyman
answered on Feb 15, 2021

Probably not, but you could just plant trees covering your whole yard and I bet grass wouldn’t grow

1 Answer | Asked in Estate Planning and Land Use & Zoning for Arkansas on
Q: Do I need my husbands signature to sell land that is in both our names?
Steven J. Fromm
Steven J. Fromm
answered on Nov 20, 2020

Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Arkansas on
Q: If my Mother and I purchased a piece of property can the original owner sell it again if I hold the original Deed?

My Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... View More

Paul Dumas
Paul Dumas
answered on Nov 18, 2020

Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... View More

1 Answer | Asked in Land Use & Zoning for Arkansas on
Q: Does my neighbor have the right to run their utilities (power/electrical) through my property without my permission?
Tim Akpinar
Tim Akpinar
answered on Oct 26, 2020

You await a response to your post for four weeks. An option to consider at this point could be to contact an Arkansas real estate attorney to investigate the possibility of easements held by the electric power company or your neighbor. Upon learning that, an attorney should be able to advise you... View More

1 Answer | Asked in Land Use & Zoning for Arkansas on
Q: I want to rent/lease my property to campers and I wanted to know what insurance/legal documents I needed to do this.

The property is raw land in a very rural setting.

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. In terms of insurance coverage, you could sit down with a broker and discuss what product lines would offer you the most sensible protection for your budget - general liability, property damage, workers'... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: My grandma passed away in 2018 she owned a house and my dad passed away in 2016 so would that mean the house is left to

Me or would it be left to my dads sister cause she’s telling me I need to sign papers so she can sell it this is in the state of Arkansas please help I need to know what I can do and what my options are

Vincent Gallo
Vincent Gallo
answered on Jun 20, 2020

Your grandmother’s will shall determines who inherits the real estate.

1 Answer | Asked in Environmental and Land Use & Zoning for Arkansas on
Q: Is it Legal for a Greenhouse Business to operate in a neighborhood where house's are located?

Yes they use pesticides

Tim Akpinar
Tim Akpinar
answered on May 26, 2020

It will depend on local zoning, environmental, and public safety laws. As a general matter, businesses do use pesticides in residential areas if they are qualified to do so. This usually involves personnel holding state certifications as pesticide applicators. Your post remains open for three... View More

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