Title 18 — Property

(a) (1) Satisfaction of any mortgage, deed of trust, vendor's lien, or lien retained in deed or note made and endorsed on the margin of the record where the instrument is recorded by the mortgagee, trustee, beneficiary, agent of the owner of record of the indebtedness, or by the …

(a) In all cases in which the party receiving satisfaction of any indebtedness secured by mortgage, deed of trust, or lien affecting real estate is required by law to acknowledge it on the margin of the record, the satisfaction shall be signed by the party and his or her signatur…

(a) All releases of mortgages, liens, liens under deeds of trust, vendor's liens, or other liens appearing upon the record, either upon the margin of the record of the instrument reserving the lien or by separate instrument upon the record, when appearing upon the record as of th…

(a) (1) No provision contained in §§ 18-40-103, 18-40-106, 18-40-107, and this section shall prevent any mortgagee, trustee, agent of owner of record, or the owner of record, transferee, or assignee appearing of record, from selling, transferring, or assigning any deed of trust, …

(a) Every mortgage, deed of trust, and instrument supplementary thereto, amendatory thereof, or in satisfaction thereof, covering any real property situated in more than one (1) county in this state and made by a corporation subject to regulation by the Arkansas Public Service Co…

(a) Every landlord shall have a lien upon the crop grown upon the demised premises in any year for rent that shall accrue for the year. (b) (1) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of whe…

Any person subrenting lands or tenements shall be held responsible only for the rent of lands and tenements cultivated or occupied by him or her.

(a) (1) In addition to the lien given by law to landlords, if any landlord, to enable his or her tenant or employee to make and gather the crop, shall advance the tenant or employee any necessary supplies, either of money, provisions, clothing, stock, or other necessary articles,…

(a) Whenever any landlord shall endorse, upon any written agreement made by and between his or her tenant and the employees of the tenant, his or her written consent to the terms of the agreement, then, and in that case only, the lien of the employees shall have precedence over t…

If any mortgagee procures a waiver of the landlord's lien, in part or in full, he or she shall recite it in his or her mortgage. If the waiver of lien is not recited in the mortgage, or attached thereto, the waiver shall be invalid against any subsequent mortgagee, purchaser, or …

(a) A landlord's lien for rent shall be assignable. (b) The holder of any note, contract, or other instrument evidencing the rent for land upon which crops are to be produced during any year may sell, assign, transfer, mortgage, or pledge the note, contract, or other evidence the…

The purchaser or assignee of the receipt of any ginner, warehouser, cotton factor, or other bailee for any cotton, corn, or other farm products in store or custody of the ginner, warehouser, cotton factor, or other bailee shall not be held to be an innocent purchaser of any such …

(a) Any landlord who has a lien on the crop for rent shall be entitled to bring suit before a circuit court having jurisdiction and have a writ of attachment for the recovery of it, whether the rent is due or not, in the following cases:(1) If the tenant is about to remove the cr…

A contract for services or labor for a period longer than one (1) year shall not entitle the parties to the benefits of this chapter unless the contract is in writing, signed by the parties, and witnessed by two (2) disinterested witnesses or acknowledged before an officer author…

(a) The contract of a minor when approved by the parent having control of the minor, or, in case there is no parent, when approved by his or her guardian, or the contract of a minor over fifteen (15) years of age having neither a parent or guardian shall be binding. (b) However, …

Contracts made with laborers or employers beyond the limits of this state for labor or services to be performed in this state shall be as binding as if entered into within this state.

(a) A copy of the contract or the original shall be filed in the recorder's office of the proper county. The filing shall be sufficient notice of the existence of the lien. (b) No third party shall be prejudiced by the existence of the lien, nor in any manner liable under a provi…

Specific liens are reserved upon so much of the produce raised and articles constructed or manufactured by laborers during their contract as will secure all moneys, the value of all supplies furnished them by the employers, and all wages or shares due the laborer.

(a) If either party, before settlement, shall dispose of or appropriate any of the things set forth in § 18-42-105 without the consent of the other so as to defraud him or her of the amount due, that party shall be deemed guilty of a misdemeanor and upon conviction may be fined n…

If any employer, without good cause, shall dismiss a laborer prior to the expiration of his or her contract, unless by agreement, he or she shall be liable to the laborer for the full amount that would have been due him or her at the expiration thereof, and the laborer shall be e…

If any laborer, without good cause, shall abandon his or her employer before the expiration of his or her contract, he or she shall be liable to his or her employer for the full amount of any account he or she may owe his or her employer and shall forfeit to his or her employer a…

Proceedings for the enforcement of liens under this chapter are governed in the circuit court by the law regulating mechanics' liens.

(a) When no written contract is made under this chapter, the employer shall have a lien upon that portion of the crop going to the employee for any debt incident to making and gathering the crop owing to the employer by the employee without any necessity for recording any contrac…

All laborers who shall perform work and labor for any person under a written or verbal contract shall have an absolute lien on the production of their labor for the work and labor if unpaid for it.

(a) (1) Laborers who perform work and labor on any object, thing, material, or property shall have an absolute lien on the object, thing, material, or property for labor done and performed, subject to prior liens and landlord's liens for rent and supplies.(2) These liens may be e…

(a) Any person working in any mines in the State of Arkansas or in any quarries, either stone or marble, shall have a lien on the output of any such mines or quarries for the amount due for his or her work. In addition thereto, his or her lien shall attach to all the machinery, t…

Liens under the provisions of §§ 18-43-101, 18-43-105 — 18-43-110, and 18-43-112 — 18-43-117 are in full force and effect from and after the time the labor is performed.

(a) Proceedings under this section and §§ 18-43-101, 18-43-104, 18-43-106 — 18-43-110, and 118-43-112 — 18-43-117 shall be commenced within eight (8) months after the work is done. (b) However, the employer may bring the laborer to settlement before a proper officer any time afte…

(a) (1) Every person who has a lien as provided in this section and §§ 18-43-101, 18-43-104, 18-43-105, 18-43-107—18-43-110, and 18-43-112—18-43-117 and wishes to avail himself or herself of the lien by an action before a court having jurisdiction.(2) (A) The claimant shall make …

(a) (1) The party initiating the action shall cause notice to be given to the defendant in the usual way.(2) However, if the defendant is a nonresident, the notice will be given by at least two (2) insertions in the county newspaper or by posting three (3) notices, two (2) in the…

When the amount exceeds three hundred dollars ($300), the proceeding will be the same as described for smaller amounts, except the plaintiff shall make a sworn statement before the clerk of the circuit court, and there shall be thirty (30) days' notice given to the defendant befo…

At the same time the notice is given to the defendant, the sheriff or constable shall take charge of the property as described in the statement of the plaintiff and hold it subject to the decision of the court, as in cases of attachment.

Either plaintiff or defendant may, by requesting the court, have the case tried by a competent jury of six (6) persons.

When a laborer who has filed a lien for wages gives notice thereof to the debtor or owner of the property, which has been subjected to the lien in writing sent by registered or certified mail, and the claim has not been paid within twenty (20) days from the date of the mailing an…

If the amount adjudged to be due is not paid, with the cost of suit, on the day of trial, then the sheriff or constable shall immediately advertise the property charged for sale at public auction and sell it in not less than fifteen (15) days nor more than twenty-five (25) days f…

In all cases in which the property charged does not sell for enough to satisfy the judgment rendered, with all costs of suit, in favor of the claimant, execution may issue upon the judgment in the same manner as an ordinary judgment at law against any other property of the defend…

(a) When there are several liens for labor on the same land, crop, or property of the same date, or which are equally just, and not enough to satisfy all claims, the sale will be made, the costs paid, and the money divided pro rata among the several claimants. (b) The courts shal…

No real estate shall be exempt from sale under an execution on a laborer's lien.

In selling buildings under the provisions of this section and §§ 18-43-101, 18-43-104 — 18-43-110, 18-43-112 — 18-43-115, and 18-43-117, a reasonable amount of land will be sold with them, not to exceed two (2) acres, surrounding the building.

The officers making any sale as provided in this chapter shall make out the necessary bill of sale or deed.

(a) Every person who harvests agricultural crops belonging to another shall be entitled to a lien against those crops for payment of the cost of harvesting. (b) Every person who sprays fertilizer, pesticides, or herbicides as a custom applicator on the agricultural crops or lands…

(a) Every contractor, subcontractor, or material supplier as defined in § 18-44-107 who supplies labor, services, material, fixtures, engines, boilers, or machinery in the construction or repair of an improvement to real estate, or any boat or vessel of any kind, by virtue of a c…

The entire land, to the extent stated in § 18-44-101, upon which any building, erection, or other improvement is situated including that part of the land which is not covered with the building, erection, or other improvement as well as that part of the land which is covered with …

(a) Every building or other improvement erected or materials furnished, according to the provisions of this subchapter, on leased lots or lands shall be held for the debt contracted for, or on account of it, and also the leasehold term for the lot and land on which it is erected.…

(a) Every contractor, subcontractor, or material supplier who shall furnish to any landowner any soil or drain pipe or tile for drainage of his or her land, or who shall put in soil or drain pipe or tile for any land, shall have a lien for each tract of forty (40) acres or less o…

(a) Every architect, engineer, surveyor, appraiser, landscaper, abstractor, or title insurance agent who shall do or perform any architectural, engineering, surveying, appraisal, landscaping, or abstracting services upon any land, or who shall issue a title insurance policy or pr…

As used in this subchapter, the “owner” of property shall include the owner of the legal title to property and any person, including all cestui que trust, for whose immediate use, enjoyment, or benefit a building, erection, or other improvement is made.

(1) As used in this subchapter:(1) “Contractor” means any person who contracts orally or in writing directly with a person holding an interest in real estate, or such person's agent, for the construction of any improvement to or repair of real estate;(2) “Material supplier” means…

(a) The owner or proprietor, material supplier, subcontractor, or anyone interested as mortgagee or trustee in the real estate upon which improvements are made under this subchapter may apply at any time to the contractor or subcontractor for the following:(1) A list of all parti…

Any contractor or subcontractor who shall purchase materials on credit and represent at the time of purchase that they are to be used in a designated building or other improvement and shall thereafter use, or cause to be used, the materials in the construction of any building or …