Title 18, Property

The court shall determine the interest rate to be used upon the basis of the prevailing interest rates obtainable for investments.

(a) Table: Age | Average | Immediate Whole Life Annuity at Various Rates of Interest Remaining Lifetime 4% | 6% | 8% | 10% | 12% Years | Years | Dollars | Dollars | Dollars | Dollars | Dollars 1 | 74.97 | 23.6260 | 16.4428 | 12.4579 | 9.9913 | 8.3314 2 | 75.37 | 23.6474 | 16.4480…

The present value of a remainder interest is found by subtracting from the principal sum the value of the commuted life interest as determined by this subchapter.

(a) A nonvested property interest is invalid unless:(1) when the interest is created, it is certain to vest or terminate no later than 21 years after the death of an individual then alive; or(2) the interest either vests or terminates within 365 years after its creation. (1) when…

(a) Except as provided in subsections (b) and (c) of this section and in § 18-3-105(a), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (b) For purposes of this chapter, if there is a person w…

(1) Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the 365 years allowed by § 18-3-101(a)(2), § 18-3-101(b)(2), or § 18-3-101(c)(2) if:(1) a …

Section 18-3-101 does not apply to: (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a separation or div…

(a) Except as extended by subsection (b) of this section, this chapter applies to a nonvested property interest or a power of appointment that is created on or after August 1, 2023. For purposes of this section, a nonvested property interest or a power of appointment created by t…

This chapter may be cited as the Statutory Rule Against Perpetuities.

This chapter supersedes the rule of the common law known as the rule against perpetuities.

(a) Except as provided under subsection (b) of this section, when a person uses a generative artificial intelligence tool to:(1) Generate content, the person who provides the input or directive to the generative artificial intelligence tool shall be the owner of the generated con…

This subchapter shall be known and may be cited as the “Arkansas Slayer Law”.

(1) As used in this chapter:(1) “Decedent” means a person whose life is taken by a slayer;(2) “Property” means real or personal property; and(3) “Slayer” means an individual who is:(A) Convicted by a court of competent jurisdiction of or pleads guilty or nolo contendere to the un…

(1) If a criminal proceeding is brought against a person to establish the person's guilt concerning the unlawful killing of the decedent, a civil action that involves an issue of whether the person unlawfully killed the decedent may be brought within one (1) year after a final de…

(a) A slayer is deemed to have died immediately before the death of the decedent. (b) A slayer shall not acquire any property or property right or receive any benefit from the estate of the decedent by testate or intestate succession, by common law, or by statutory right, includi…

(a) Insurance and annuity proceeds payable to a slayer as the beneficiary or assignee of a policy or certificate of insurance or an annuity contract on the life of the decedent, or in any other manner payable to the slayer by virtue of the slayer having survived the decedent, sha…

(1) The provisions of this subchapter do not affect the right of a person who before the interests of the slayer have been adjudicated acquires from the slayer for adequate consideration property that the slayer would have received except for the terms of this subchapter if the p…

(1) This subchapter supplements:(1) The common law of the State of Arkansas as it exists on August 16, 2013, unless application of the common law would be inconsistent with this subchapter; and(2) Section 28-11-204. (1) The common law of the State of Arkansas as it exists on Augu…

This subchapter applies to a civil or criminal action that is pending at the time of August 16, 2013, in which a final, nonappealable judgment has not been entered.

(1) The Arkansas Fire Prevention Code shall not require a residential development to maintain two (2) or more separate and approved fire apparatus access roads if:(1) The residential development is not located in a city of the first class, a city of the second class, or an incorp…

(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.