Title 18 — Property

(a) Except as provided in § 18-11-110 and § 18-11-801 et seq., all aliens shall be capable of taking, by deed or will, lands and tenements in fee simple, or other less estate, and of holding, aliening, and devising them. (b) Upon the death of any alien having title by purchase or…

Unimproved and unenclosed land shall be deemed and held to be in possession of the person who pays the taxes thereon if he or she has color of title thereto, but no person shall be entitled to invoke the benefit of this section unless he or she, and those under whom he or she cla…

Payment of taxes on wild and unimproved land in this state by any person or his or her predecessor in title for a period of fifteen (15) consecutive years shall create a presumption of law that the person, or his or her predecessor in title, held color of title to the land prior …

The right of any person to the possession of any lands or tenements shall not be impaired or affected by a descent cast in consequence of the death of any person in possession of the estate.

(a) All right or claim of right, title, interest, equity, and estate by a cotenant or tenant-in-common, including minors, to surface rights in real property, which the cotenant or tenant-in-common is not possessing, having been created by intestate descent and distribution or und…

(a) To establish adverse possession of real property, the person and those under whom the person claims must have actual or constructive possession of the real property being claimed and have either:(1) (A) Held color of title to the real property for a period of at least seven (…

(a) As used in this section:(1) “Agricultural operation” means an agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including:(A) The care and production of livestock and livestock products, poultry and poultry products, apiary produ…

(a) A criminal act committed on real property by a third party is not foreseeable in any circumstance by a person having an interest in the real property, including without limitation:(1) An owner;(2) A landlord;(3) A tenant; or(4) A lienholder. (1) An owner; (2) A landlord; (3) …

(a) As used in this section, “premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities found on real property. (b) A real property owner has the right to:(1) Repair any defect or disrepair …

(a) As used in this section:(1) “Controlling interest” means an ownership interest of fifty percent (50%) or more, in the aggregate;(2) (A) “Critical infrastructure” means physical or virtual systems and assets that:(i) If incapacitated or destroyed would have a debilitating impa…

All lands and tenements, not exceeding forty (40) acres, that have been, or hereafter may be, conveyed by purchase to any person as trustee in trust for the use of any religious society within this state, either for a meeting house, burying ground, campground, or residence for th…

The trustee or trustees of any religious society shall have the same power to defend and prosecute suits at law or in equity and do all other acts for the protection, improvement, and preservation of trust property as individuals may do in relation to their individual property.

The purpose of this subchapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

(1) As used in this subchapter:(1) “Aviation” means taking off, flying, or landing an airplane or aircraft;(2) “Charge” means an admission fee for permission to go upon or use the land, but does not include:(A) The sharing of game, fish, or other products of recreational use; or(…

(1) Nothing in this subchapter shall be construed to:(1) Create a duty of care or ground of liability for injury to persons or property; or(2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of thi…

Except as specifically recognized by or provided in § 18-11-307, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to pe…

(1) Except as specifically recognized by or provided in § 18-11-307, an owner of land who, either directly or indirectly, invites or permits without charge any person to use his or her property for recreational purposes does not thereby:(1) Extend any assurance that the lands or …

(1) Unless otherwise agreed in writing, the provisions of §§ 18-11-304 and 18-11-305 are applicable to the duties and liability of:(1) An owner of land leased to the state or a political subdivision of the state for recreational purposes;(2) An owner of an interest in the real pr…

(1) Nothing in this subchapter limits in any way liability which otherwise exists:(1) For malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous; …

It is the intent and purpose of this subchapter to clarify the posting law of this state. However, this subchapter does not set forth the exclusive method by which a property owner or lessee may notify persons to not enter or remain upon their property, nor does this subchapter r…

(1) For the purposes of this subchapter, the term “recreational purposes” includes, but is not limited to, any of the following, or any combination thereof:(1) Hunting;(2) Fishing;(3) Trapping;(4) Swimming;(5) Boating;(6) Camping;(7) Picnicking;(8) Hiking;(9) Pleasure driving;(10…

(a) (1) No person shall enter for recreational purposes upon real property posted pursuant to this subchapter without written permission of the owner or lessee of the real property.(2) It shall be unlawful for any person to enter upon any real property posted under the provisions…

(1) The owner or lessee of any forest land may post the land by any of the following methods:(1) (A) By placing signs around the boundaries of the property at points no more than one hundred feet (100′) apart and at each point of entry.(B) The signs shall bear the words “posted” …

(1) The owner or lessee of any real property other than forest land, including cultivated land, orchards, pasture land, impoundments, or other real property, may post such real property by any of the following methods:(1) (A) By placing signs around the boundaries of the property…

(a) (1) The color of paint prescribed by the Arkansas Forestry Commission for posting purposes shall not be used on trees or posts for any other purpose.(2) Any person who knowingly paints such color on any tree or post for any purpose other than posting real property pursuant to…

Circuit judges are authorized to exercise their discretion to balance the equities between or among parties when considering whether to award injunctions or damages in cases involving encroachment of interior setback lines in residential subdivision restrictive covenants.

If the trial judge makes a finding that the violation of an interior setback restriction is de minimis, no attorney's fees shall be awarded to any party seeking to enforce the setback restriction.

The provisions of this subchapter shall apply to cases currently pending in the courts of Arkansas as well as those filed subsequent to April 13, 1999.

The purpose of this subchapter is to encourage owners of land to make land and water areas available to municipal governments for municipal water supply purposes by limiting the liability of landowners toward persons entering on the land and water areas.

(1) As used in this subchapter:(1) “Land” means real property, roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment when attached to the real property;(2) “Municipal water supply purpose” includes, but is not limited to, any of the follo…

(1) Nothing in this subchapter shall be construed to:(1) Create a duty of care or a basis for liability for injury to persons or property; or(2) Relieve any person using the land of another for a municipal water supply purpose from any obligation that he or she may have in the ab…

(1) Except as specifically provided in § 18-11-607, an owner owes no duty of care to:(1) Keep his or her land safe for entry or use by another for a municipal water supply purpose; or(2) Give any warning of a dangerous condition, use, structure, or activity on his or her land to …

(1) Except as specifically provided in § 18-11-607, an owner who, either directly or indirectly, invites or permits any person to use his or her land for a municipal water supply purpose does not:(1) Extend any assurance that the land is safe for any purpose;(2) Confer upon the p…

Unless otherwise agreed to in writing, the provisions of §§ 18-11-604 and 18-11-605 shall be deemed the sole source of the duties and liability of an owner who leased or otherwise provided land to a municipality for a municipal water supply purpose.

Nothing in this subchapter limits in any way liability that otherwise exists for malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous.

This subchapter may be cited as the Uniform Easement Relocation Act.

(1) In this subchapter:(1) “Appurtenant easement” means an easement tied to or dependent on ownership or occupancy of a unit or a parcel of real property.(2) “Conservation easement” means a nonpossessory property interest created for one or more of the following conservation purp…

(a) Except as otherwise provided in subsection (b), this subchapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method. (b) This subchapter may not be used to relocate:(1) a public-utility easem…

(1) A servient estate owner may relocate an easement under this subchapter only if the relocation does not materially:(1) lessen the utility of the easement;(2) after the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;(3…

(a) To obtain an order to relocate an easement under this subchapter, a servient estate owner must commence a civil action. (b) A servient estate owner that commences a civil action under subsection (a):(1) shall serve a summons and petition on:(A) the easement holder whose easem…

(a) The court may not approve relocation of an easement under this subchapter unless the servient estate owner:(1) establishes that the easement is eligible for relocation under § 18-11-703; and(2) satisfies the conditions for relocation under § 18-11-704. (1) establishes that th…

(1) A servient estate owner is responsible for reasonable expenses of relocation of an easement under this subchapter, including the expense of:(1) constructing improvements on the servient estate or dominant estate in accordance with an order under § 18-11-706;(2) during the rel…

After the court, under § 18-11-706, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance …

(a) If an order under § 18-11-706 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner s…

(a) Relocation of an easement under this subchapter:(1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;(2) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a sec…

(1) The right of a servient estate owner to relocate an easement under this subchapter may not be waived, excluded, or restricted by agreement even if:(1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this subchapter;…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

This subchapter modifies, limits, or supersedes the Electronic Signatures in Global National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of th…

This subchapter applies to an easement created before, on, or after August 1, 2023.

Under § 2-4-101, “It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products”.