Title 18, Property

(a) (1) Subject to the provisions of § 18-50-114 and notwithstanding the terms of the mortgage, a power of sale is implied in every mortgage of real property situated in this state that is duly acknowledged and recorded.(2) The exercise of the implied power of sale shall be pursu…

(a) The procedures in this chapter for the foreclosure of a mortgage or deed of trust shall not impair or otherwise affect the right to bring a judicial action to foreclose a mortgage or deed of trust. (b) A notice of default and intention to sell shall be filed within the time t…

No person, firm, company, association, fiduciary, or partnership, either domestic or foreign, shall avail themselves of the procedures under this chapter unless authorized to do business in this state.

(a) A mortgagor may recover reasonable attorney's fees under this chapter if a court sets aside the statutory foreclosure sale due to a mortgagee's failure to strictly comply with any provision of this chapter under § 18-50-116(d)(2)(B)(ii). (b) A mortgagor shall not be awarded a…

This subchapter may be cited as the “Uniform Partition of Heirs Property Act”.

(1) In this subchapter:(1) (A) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.(B) “Ascendant” includes an adoptive parent and his or her ascendants.(2) “Collateral” means an individual who is rela…

(a) This subchapter applies to partition actions filed on or after January 1, 2016. (b) In an action to partition real property under § 18-60-401 et seq., the court shall determine whether the property is heirs property. If the court determines that the property is heirs property…

(a) This subchapter does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, the plaintiff, not l…

If the court appoints commissioners pursuant to § 18-60-401 et seq., each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 18-60-401 et seq., must be disinterested and impartial and not a party to or a participant in the action.

(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).…

(a) If any cotenant requested partition by sale, after the determination of value under § 18-60-1006, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partitio…

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 18-60-1007, or if after conclusion of the buyout under § 18-60-1007, a cotenant remains that has requested partition in kind, the court shall order partit…

(a) In determining under § 18-60-1008(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:(1) whether the heirs property practicably can be divided among the cotenants;(2) whether partition in kind would…

(a) When any joint tenant, tenant in common, or coparcener in any real estate, or any interest therein, shall take, use, or have the profits and benefits thereof in greater proportion than his or her interest therein, that person, or his or her executor or administrator, shall ac…

(a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open-mar…

(a) Unless required to do so within a shorter time by § 18-60-401 et seq., a broker appointed under § 18-60-1010(b) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at l…

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 states that enact it.

This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and 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 …

This subchapter takes effect January 1, 2016.

(a) A person trespassing as follows shall pay a person injured treble the value of a thing damaged, broken, destroyed, or carried away, with costs, if the person shall:(1) Cut down, injure, destroy, or carry away any tree placed or growing for use or shade or any timber, rails, o…

(a) If any person shall set on fire any grass or other combustible material within his or her enclosures so as to damage any other person, that person shall make satisfaction in single damages to the party injured, to be recovered by civil action in any court having jurisdiction …

If any person shall voluntarily throw down or open any doors, bars, gates, or fences and leave them down or open, other than those that lead into his or her own enclosure, he or she shall pay the party injured the sum of five dollars ($5.00) for each offense and double the amount…

(a) In all cases in which fences, buildings, or other improvements that may be moved have been erroneously placed or erected on lands adjoining land on which the fences, buildings, or other improvements were intended to be erected, the owner of the fences, buildings, or other imp…

(a) The sale of land of infants or individuals with mental illness shall not be deemed to be prohibited as being in contravention of the deed, will, or contract under which they hold unless a sale is expressly forbidden by the deed, will, or contract. (b) When the legal title of …

(a) No cause of action shall arise against the owner, tenant, or lessee of land or premises for injuries to any person who is on that land or premises for the purpose of gleaning agricultural or farm products, unless that person's injuries were caused by the gross negligence or w…

(a) (1) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land.(2) No cause of action shall arise against the owner, lessee, or occupant of land until the presence of the trespasse…

The action of ejectment may be maintained in all cases in which the plaintiff is legally entitled to the possession of the premises.

(a) The action of ejectment may be maintained in all cases in which the plaintiff claims the possession of the premises under or by virtue of:(1) An entry made with the register and receiver of the proper land office of the United States;(2) A preemption right under the laws of t…

(a) The action of ejectment may be maintained in all cases when the plaintiff claims the possession of the premises under or by virtue of an entry made with the proper swampland agent or land agent of the proper land office of the State of Arkansas. (b) The patent certificates gr…

(a) The action of ejectment shall be brought and prosecuted in the real names of the parties thereunto. (b) The action may be brought against the person in possession of the premises claimed or his or her lessor, or both. (c) The person from or through whom the defendant claims t…

(a) (1) In all actions for the recovery of lands, except in actions of forcible entry and unlawful detainer, the plaintiff shall set forth in his or her complaint all deeds and other written evidences of title on which he or she relies for the maintenance of his or her suit.(2) T…

(a) To entitle the plaintiff to recover, it shall be sufficient for him or her to show that, at the time of the commencement of the action, the defendant was in possession of the premises claimed and that the plaintiff had title thereto or had the right to the possession thereof …

(a) In all cases in which no other provision is made, the judgment, if for the plaintiff, shall be for the recovery of the possession of the premises and the damages and costs. (b) If judgment should be rendered against the defendant, the judgment shall be for the recovery of the…

When the judgment for the plaintiff is both for the recovery of the possession of the premises and for the damages, the plaintiff may have a writ of possession. The writ shall command the officer to whom it may be directed to deliver to the plaintiff possession of the premises an…

(a) If the plaintiff prevails in the action, he or she shall recover by way of damages the rents and profits down to the time of assessing them. (b) When the plaintiff or those under whom he or she claims title may have entered in any land office of the United States within this …

When the judgment for the plaintiff is only for damages and costs, execution may be issued thereon as on judgments in personal actions.

If the right of the plaintiff to the possession of the premises expires after the commencement of the action and before the trial, the verdict shall be returned according to the facts and judgment shall be entered only for the damages and costs.

(a) No action for the recovery of any lands or for the possession thereof against any person, or his or her heirs or assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector or Commissioner of State Lands, for the nonpayment of taxes, or who may…

(a) If any person believing himself or herself to be the owner, either in law or equity, under color of title has peaceably improved, or shall peaceably improve, any land which upon judicial investigation shall be decided to belong to another, the value of the improvement made as…

(a) (1) If any person believing himself or herself to be the owner, either in law or equity, under a clerk's tax deed or a Commissioner of State Lands' forfeited land deed, containing a valid and proper description constituting color of title, has, or shall, peaceably improve any…

(a) Acts 1875, No. 85 [repealed], as amended by Acts 1875 (Adj. Sess.) No. 56; Acts 1891, No. 8 [repealed] and Acts 1947, No. 373 [repealed], which declare and describe the cause of action for forcible entry and detainer and unlawful detainer and prescribe the procedure for carry…

No person shall enter into or upon any lands, tenements, or other possessions and detain or hold them except when an entry is given by law, and then only in a peaceable manner.

(1) A person shall be guilty of a forcible entry and detainer within the meaning of this subchapter if the person shall:(1) Enter into or upon any lands, tenements, or other possessions and detain or hold them without right or claim to title;(2) Enter by breaking open the doors a…

(1) A person shall be guilty of an unlawful detainer within the meaning of this subchapter if the person shall, willfully and without right:(1) Hold over any land, tenement, or possession after the determination of the time for which it was demised or let to him or her, or the pe…

Sections 18-60-303 and 18-60-304 shall extend to and comprehend all estates, whether freehold or less than freehold.

(a) Forcible entries and detainers and unlawful detainers are cognizable before the:(1) Circuit court of any county in which the offenses may be committed; and(2) District court with jurisdiction concurrent with the jurisdiction of the circuit court, if permitted by rule or order…