Title 18 — Property
29 chapters · 720 sections in this title.
Ark. Code Ann. § 18-12-101 Definition and applicability
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(a) The term “real estate” as used in this act shall be construed as co-extensive in meaning with “lands, tenements, and hereditaments” and as embracing all chattels real. (b) This act shall not be construed so as to embrace last wills and testaments.
Ark. Code Ann. § 18-12-102 Transfer by deed — Warranty
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(a) All lands, tenements, and hereditaments may be aliened and possession thereof transferred by deed without livery of seizin. (b) The words, “grant, bargain and sell” shall be an express covenant to the grantee, his or her heirs, and assigns that the grantor is seized of an ind…
Ark. Code Ann. § 18-12-103 Restrictive covenants — Definition
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(a) As used in this section, “restrictive covenant” means a restriction on the use or development of real property regardless of whether the restriction is created by a covenant in a deed or bill of assurance, or by any other instrument. (b) An instrument creating a restrictive c…
Ark. Code Ann. § 18-12-104 Execution of deeds
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Deeds and instruments of writing for the conveyance of real estate shall be executed in the presence of two (2) disinterested witnesses or, in default thereof, shall be acknowledged by the grantor in the presence of two (2) such witnesses, who shall then subscribe the deed or ins…
Ark. Code Ann. § 18-12-105 Estate of fee simple presumed
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The term “heirs”, or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, but all deeds shall be construed to convey a complete estate of inheritance in fee simple unless expressly limited by appropriate words in the deed.
Ark. Code Ann. § 18-12-106 Joint tenants with right of survivorship
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(a) Interests in real property may be conveyed to two (2) or more persons, regardless of their relationship to each other, as joint tenants with right of survivorship. (b) Any person who owns an interest in real property may convey that interest or any portion thereof to himself …
Ark. Code Ann. § 18-12-107 Transfer fee covenants prohibited — Definitions
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(a) As used in this section:(1) “Association” means a nonprofit, mandatory-membership organization:(A) Comprised of owners of homes, condominiums, units in a horizontal property regime, cooperatives, manufactured homes, or any other interest in real property; and(B) Created pursu…
Ark. Code Ann. § 18-12-108 Scrivener's affidavits — Definition
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(a) As used in this section, “scrivener's affidavit” means a sworn and acknowledged affidavit relating to:(1) The identification, marital status, heirship, relation, death, or the time of death of a person who is a party to an instrument affecting the title to real property;(2) T…
Ark. Code Ann. § 18-12-201 Proof or acknowledgment as prerequisite to recording real estate conveyances
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All deeds and other instruments in writing for the conveyance of any real estate, or by which any real estate may be affected in law or equity, shall be proven or duly acknowledged in conformity with the provisions of this act before they or any of them shall be admitted to recor…
Ark. Code Ann. § 18-12-202 Forms of acknowledgments — Validity — Acknowledgments of married persons
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(a) (1) Either the forms of acknowledgments now in use in this state or any other forms may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property which:(A) Specify, in the caption or otherwise, the state and county or ot…
Ark. Code Ann. § 18-12-203 Officers authorized to take proof or acknowledgment of real estate conveyances
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(a) The proof or acknowledgment of every deed or instrument of writing for the conveyance of any real estate shall be taken by one (1) of the following courts or officers:(1) When acknowledged or proved within this state, before the Supreme Court, the circuit court, or any justic…
Ark. Code Ann. § 18-12-204 Attestation of acknowledgments
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(a) In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer …
Ark. Code Ann. § 18-12-205 Certificate of acknowledgment
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(a) Any court or officer that takes a proof or an acknowledgment of any instrument affecting real property shall grant a certificate of the proof or acknowledgment. (b) The court or officer shall cause the certificate of the proof or acknowledgment to be endorsed on the instrumen…
Ark. Code Ann. § 18-12-206 Manner of making acknowledgment — Proof of deed or instrument — Proof of identity of grantor or witness
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(a) The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgme…
Ark. Code Ann. § 18-12-207 [Repealed.]
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A.C.A. § 18-12-207Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 18-12-208 Defects
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(a) All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual …
Ark. Code Ann. § 18-12-209 Recorded deed or written instrument affecting real estate
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(a) Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the cou…
Ark. Code Ann. § 18-12-301 Considered life estate
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In cases when, by common law, any person may become seized in fee tail of any lands or tenements, by virtue of any devise, gift, grant, or other conveyance, the person, instead of being, or becoming, seized thereof in fee tail, shall be adjudged to be, and become, seized thereof …
Ark. Code Ann. § 18-12-302 Dissolution
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(a) (1) Any estate which under the common law would be deemed an estate tail or a fee tail estate or any estate created by reason of a conveyance to a grantee or grantees and the heirs of his or her body or to other contingent remaindermen may be dissolved by the grantor creating…
Ark. Code Ann. § 18-12-303 Rule in Shelley's Case abolished
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(a) (1) The Rule in Shelley's Case is abolished and shall not be recognized by any court of this state.(2) This section is intended to annul the application or effect of the Rule in Shelley's Case on any instrument or interest in real property. (1) The Rule in Shelley's Case is a…
Ark. Code Ann. § 18-12-401 Deed between spouses
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(a) A deed of conveyance of real property located in this state executed after the passage of this act by an individual to his or her spouse shall convey to the grantee named in the deed the entire interest of the grantor in the property conveyed, or the interest specified in the…
Ark. Code Ann. § 18-12-402 Relinquishment of dower or curtesy in spouse's land
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A married person may relinquish dower or curtesy in any of the real estate of a spouse by joining with the spouse in the deed of conveyance thereof, or by a separate instrument executed to spouse's grantee or anyone claiming title under the spouse, and acknowledging it in the man…
Ark. Code Ann. § 18-12-403 Conveyance, etc., of homestead
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No conveyance, mortgage, or other instrument affecting the homestead of any married person shall be of any validity, except for taxes, laborers' and mechanics' liens, and purchase money, unless his or her spouse joins in the execution of the instrument, or conveys by separate doc…
Ark. Code Ann. § 18-12-404 Conveyance of interest of husband with mental illness and guardian appointed — Relinquishment of dower
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In all cases under § 20-47-103 whereunder a husband is duly adjudged to be with mental illness and a guardian appointed and wherein the guardian makes a sale of the husband's interest in any of the real estate belonging to his ward, and the wife of the husband with mental illness…
Ark. Code Ann. § 18-12-501 Acknowledgment and recording
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(a) A power of attorney, containing a power to convey real estate as agent or attorney for the owner of the real estate or to execute as agent or attorney for another person a deed or instrument in writing that conveys real estate, or whereby real estate is affected in law or equ…
Ark. Code Ann. § 18-12-502 Revocation
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(a) (1) A power of attorney, acknowledged or proved and certified as prescribed by this act, may be revoked by the maker of the power of attorney or his or her legal representatives.(2) The revocation shall be in writing acknowledged or proved before the proper court or officer a…
Ark. Code Ann. § 18-12-503 Relinquishment of dower, curtesy, and homestead rights
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(a) By joining with his or her spouse in the execution of power of attorney, or by separate instrument, a married person may appoint an agent or attorney in fact and authorize him or her, for and in the person's name and stead, to relinquish all rights and possibility of dower, c…
Ark. Code Ann. § 18-12-601 After-acquired title
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If any person shall convey any real estate by deed purporting to convey it in fee simple absolute, or any less estate, and shall not at the time of the conveyance have the legal estate in the lands, but shall afterwards acquire it, then the legal or equitable estate afterwards ac…
Ark. Code Ann. § 18-12-602 Land in adverse possession
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Any person claiming title to any real estate, notwithstanding there may be an adverse possession thereof, may sell and convey his or her interest in the same manner and with like effect as if he or she were in the actual possession of the real estate.
Ark. Code Ann. § 18-12-603 Grants to two or more as tenancy in common
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Every interest in real estate granted or devised to two (2) or more persons, other than executors and trustees as such, shall be in tenancy in common unless expressly declared in the grant or devise to be a joint tenancy.
Ark. Code Ann. § 18-12-604 Deed to trustee or agent
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(a) (1) The appearance of the words “trustee”, “as trustee”, or “agent” following the names of the grantee in any deed of conveyance of land executed, without other language showing a trust, shall not be deemed to give notice to, or put on inquiry, any person dealing with the lan…
Ark. Code Ann. § 18-12-605 Deeds of administrators, executors, guardians, commissioners, and sheriffs
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(a) (1) All deeds of conveyance made by an administrator, an executor, a guardian, or a commissioner, deeds of real estate sold under an execution made and executed by a sheriff, and deeds made and executed by a trustee or an attorney pursuant to a foreclosure of a deed of trust …
Ark. Code Ann. § 18-12-606 Deed or patent by Governor
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(a) In all cases in which, by the laws of this state, the Governor is required to execute any deed of conveyance or patent for any lands sold or granted by the state, the deed of conveyance or patent, when executed by the Governor and countersigned by the Secretary of State, and …
Ark. Code Ann. § 18-12-607 Sales of real estate by defunct corporations ratified
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(a) All sales of real estate which was the property of any corporation organized under the laws of the State of Arkansas, when the corporation has expired or ceased to exist, either by limitations, judgment of court, forfeiture of its charter, legislative act, or by surrender of …
Ark. Code Ann. § 18-12-608 Beneficiary deeds — Terms — Recording required
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(a) (1) (A) A beneficiary deed is a deed without current tangible consideration that conveys upon the death of the owner an ownership interest in real property other than a leasehold or lien interest to a grantee designated by the owner and that expressly states that the deed is …
Ark. Code Ann. § 18-12-609 Marketability of real property sold at tax sales
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(a) The title to any real property located within the State of Arkansas based upon a deed resulting from a delinquent tax sale is marketable if:(1) The tax deed has been of record for more than fifteen (15) years;(2) Any taxes due have been paid by the tax deed grantee or the hei…
Ark. Code Ann. § 18-12-701 Title
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This subchapter shall be known and may be cited as the “Disbursement of Funds as Part of Real Estate Closing and Settlement Services Act”.
Ark. Code Ann. § 18-12-702 Definitions
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(1) As used in this subchapter:(1) “Available for immediate withdrawal as a matter of right” means the following:(A) For any item or draft, when the item or draft has been submitted for collection and payment received; and(B) For any deposited item or draft, when final settlement…
Ark. Code Ann. § 18-12-703 Closing and settlement services — Disbursement of funds — Penalties
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(a) (1) No person, firm, partnership, corporation, or other entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matt…