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Arkansas Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: What does it mean when a realtor says the estate hired them to sell my house
Nina Whitehurst
Nina Whitehurst answered on Nov 11, 2021

It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.

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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
Anthony M. Avery 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 Real Estate Law for Arkansas on
Q: I want to sell my ten acre portion of co owned 30 acres
Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2021

I doubt you have a portion of 30 acres owned with other tenants in common. Hire a competent AR attorney to search the title to determine what exactly you own. Then file an action for Partition if the others will not agree to sell or buy you out.

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arkansas on
Q: If a couple bought a house 34 years ago and husband died 33 years ago. The wife never remarried. Is it her house?

The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2021

More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: If my neighbor has an ingress egress easement on my property, does that give them the right to park in the easement?

Also, if I have an ingress egress easement across their property line that runs the same length and width of the one on my property, but my easement is encroached on the entire length of the easement is that grounds to have the easement removed?

Anthony M. Avery
Anthony M. Avery answered on Aug 16, 2021

Yes. No. You need to talk to a competent attorney. Searching both Titles may help as the Easements need to be closely examined as they may not be enforceable.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My grandmother owned her house, in her name only,passed away. Do we need a lawyer to get a deed written?

My mom was her power of attorney before she passed, she didn't have a written will but had verbally said the house would be mine when she passed. Can we write a deed on our own?

Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2021

The Heirs At Law own the property as Tenants In Common. All Heirs must be Grantors on the proposed Deed. You may need an attorney to determine heirship.

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Arkansas on
Q: There exists property owned by 2 families. 1 family has never paid taxes. A prospective buyer made an offer to purchase.

Many members of the family who doesn't pay taxes cannot be located. How can this be sold with a clear lien so that the taxpaying family can proceed with the sale? The offer was made in 2020.

Anthony M. Avery
Anthony M. Avery answered on May 26, 2021

You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Spouse of deceased son was replaced in his mother’s will to inherit her son’s portion of estate. The property deed was

not changed into the spouse name (3 other children on deed). Upon the mother’s death, will spouse have to share her 1/4 of of the house sale with her adult children? Arkansas law applies. Thank you

Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

From your facts, the property will not go through the Probated Will Estate, unless the mother owns an interest in the property at death. Hire a competent attorney to search the title and answer your question for certain.

1 Answer | Asked in Immigration Law and Real Estate Law for Arkansas on
Q: if land is co owned with a non citizen and non citizen gets deported will the Government take the land?
Adan Vega
Adan Vega answered on Mar 19, 2021

The following is one example where real estate is in jeopardy of confiscation:

A foreign national who has been deported can have real estate confiscated if the property has been used for illicit purposes involving controlled substances and the person has been charged and convicted for...
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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Hello, Does a quit claim or warranty deed require the signature of the grantee? And the reference. Thanks, Dwayne
Anthony M. Avery
Anthony M. Avery answered on Mar 15, 2021

No as it is the grantors who are conveying their estates. But the Deed must be delivered to the grantee, who also must accept it. These contractual requirements are often assumed until a legal problem arises. Sometimes grantees sign the valuation statements.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Does Arkansas law require the seller of a piece of land to disclose his or her marital status on the deed?

I purchased a piece of land from a widow who was the sole inheritor of the property. I prepared the deed myself and did not list her marital status on the deed. I am now trying to sell it through a title company and they said that, according to Arkansas law, her marital status must be listed on the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2021

Sell it to someone else with another Deed or change the Deed you already drafted. You probably need an attorney and list it with an agent.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: How can I get legal transfer of diseased mother's home.

My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 5, 2021

You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My husband passed in 2016. No children and his parents are deceased. How do I get my name in the deed.

The mortage company needs to confirm that I am the successor in order to modify our home loan. How do I get a deed in my name.

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2021

Your dead Husband cannot sign a Deed. Hire a competent attorney to search the title, determine heirship, and draft an Affidavit of Heirship. The Affiant will be someone who knew him and his Family. Record the Affidavit as your source of title.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If I purchase an apartment building, do I have to honor any existing lease agreement in effect or can Impose my own.

Im buying a property with tenants that still have several months left in the previous owners lease agreement. Can I void that agreement with my own, or do I have to honor all the parameters of the previous owners lease?

Kevin J. Kuhn
Kevin J. Kuhn answered on Dec 15, 2020

As the new owner, you will be required to honor the existing lease agreements. Review the existing lease agreements. They may contain language which will enable you to terminate them early. If they don't, then you will likely be required to honor them until the end of the lease term.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Arkansas on
Q: Can a Grantor on a quitclaim deed also be the Grantee?

My father died without a will and my Sister and I are the only heirs. We have filed for collection of small estate and our 90 days are up. One of the properties is still in my great aunt and her partner's name and has passed through a couple of family members that were ill and was never deeded... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Sounds like you have a complex title issue that needs to be reviewed by a competent attorney or title company. Your question simply doesn’t provide the information necessary to give you an accurate answer.

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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... Read 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... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: In Arkansas when selling and buying a home, can I choose to back out the day of closing? There was no earnest money.

I’m assuming that there is no way to back out of selling but I’m unclear as to whether their are legal ramifications of not buying a home. We did not put up earnest money and there’s not a specific reason except I don’t feel like it’s the right house for our family right now. I’m very... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2020

An Arkansas attorney could advise best, but your question remains open for four weeks. As a GENERAL premise of contract law NATIONWIDE, one could face monetary damages in backing out without valid justification. Such damages could be addressed in the contract of sale. You should consider consulting... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: A property listing in my area is for sale. I spoke with the Owner and he says he doesnt have a deed. Can he sell it?

It will be a cash sale just seems risky without a title company or even a deed

Vincent Gallo
Vincent Gallo answered on Oct 17, 2020

A deed is the document that shows ownership of real estate.

1 Answer | Asked in Real Estate Law for Arkansas on
Q: My father wants to deed me a house he bought before his new marriage title co says new wife has to sign off she won’t

Does a prenup help with that if she won’t sign? We are in Arkansas

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2020

If the property is titled in your Father's name, he can convey to you by Deed. The marital status may or may not cloud your title, but he can still execute and deliver a Deed. Get a competent attorney to search the title and draft an enforceable Deed. What you may be worried about is... Read more »

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