Title 18 — 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”.

(1) As used in this subchapter:(1) (A) “Agricultural land” means any Arkansas land that is:(i) Used for forestry production, including without limitation land exceeding ten (10) acres in which ten percent (10%) of the land is stocked by trees of any size, including land that form…

(a) (1) Except as provided in § 18-11-804, a prohibited foreign party shall not acquire by grant, purchase, lease, devise, descent, or otherwise any interest in agricultural land in this state.(2) A party may not hold agricultural land as an agent, trustee, or other fiduciary for…

(a) A prohibited foreign party who is a resident alien of the United States shall have the right to acquire and hold agricultural land in the state upon the same terms as a citizen of the United States during the continuance of his or her residence in the State of Arkansas. (b) (…

(a) There is created within the Department of Agriculture the Office of Agricultural Intelligence. (b) The office is authorized and directed to:(1) Collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties; and(2…

(1) As used in this subchapter:(1) “Agricultural impact remediation agreement” means an agreement between a commercial renewable energy facility owner and a landowner as described in this subchapter;(2) “Agricultural land” means a property from which one thousand dollars ($1,000)…

(a) Before construction of a commercial renewable energy facility on agricultural land, the commercial renewable energy facility owner shall enter into an agricultural impact remediation agreement with the respective landowner. (b) The agricultural impact remediation agreement re…

(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.

(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…

(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…

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…

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.

(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 …

(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…

(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…

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…

(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…

(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…

(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 …

(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…

(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…

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

(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 …

(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…

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 …