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
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
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
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
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
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
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
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
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
You probably need to examine the adjacent property owners' Deeds. Look for their legal descriptions' common boundaries with you. It might disclose what the neighbors think your boundaries are, and the surveyors may have done this earlier, maybe even using a common metes and bounds....View More
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
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
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.
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
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
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?
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.
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
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
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
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.
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.
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.
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