reglab/housing_qa huggingface dataset:
AR Code § 18-48-602 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 6 - Cemetery Monuments|§ 18-48-602. Notice of lien

 (a)  (1) The notice may be filed at any time after the completion of the work, but must be filed within one (1) year after the agreed price for furnishing or placing the monument, gravestone, enclosure, or other structure becomes due.  (2) The notice shall:  (A) State that the lienor has a lien on the monument, gravestone, enclosure, or structure for the purchase price thereof, or some unpaid part of the purchase price, with interest, specifying the amount agreed to be paid and the amount unpaid;  (B) Provide a description of the monument, gravestone, enclosure, or other structure;  (C) Provide the location of the plot upon which the monument, gravestone, enclosure, or other structure stands; and  (D) Provide the names of the persons with whom the agreement for the purchase and erection of the structure, or for the performance of labor, was made.      (b) The notice shall be signed and verified by the lienor.  (c) The lienor shall, within ten (10) days after the filing of the notice, serve a copy, personally or by mail, upon the person with whom the agreement for the purchase and erection of the monument, gravestone, or any other structure, or for the performance of labor thereon, was made and upon the owner of the lot upon which the monument, gravestone, or other structure is erected, if the name and residence of the owner can, with reasonable diligence, be ascertained.
AR Code § 18-48-603 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 6 - Cemetery Monuments|§ 18-48-603. Action to enforce lien

 (a) After the service of the notice, an action to recover the amount of the debt and to enforce a lien therefor may be maintained by the lienor against the person with whom the agreement was made for the purchase and erection of the monument, gravestone, enclosure, or other structure, or for the performance of labor thereon.  (b) If the lienor succeeds in establishing the lien, the judgment recovered may authorize removal of the monument, gravestone, enclosure, or other structure from the burial ground or cemetery to satisfy the amount of the judgment.
AR Code § 18-48-604 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 6 - Cemetery Monuments|§ 18-48-604. Restrictions on persons in charge of cemeteries

 (a) The superintendent, or other person in charge of a cemetery or burial ground, shall not permit the removal, alteration, or inscription of a monument, gravestone, enclosure, or other structure against which a lien exists after the notice of the lien has been filed and served as prescribed in this subchapter, except pursuant to the terms of a judgment recovered in an action brought to enforce the lien.  (b) No officer of a cemetery association, or other person connected with a cemetery or burial ground, shall hinder or obstruct the removal in a proper manner of any monument, gravestone, enclosure, or other structure pursuant to the terms of the judgment.
AR Code § 18-48-701 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 7 - Marina Facility Operators|§ 18-48-701. Definitions

 As used in this subchapter:   (1) “Default” means the failure to perform on time any obligation or duty set forth in the rental agreement;  (2) “Last known address” means that address provided by the occupant in the rental agreement or the address provided by the occupant in a subsequent written notice of a change in address;  (3) “Leased space” means the individual boat slip at the marina facility which is rented to an occupant pursuant to a rental agreement;  (4) “Marina facility” means any property used for renting or leasing individual spaces in which the occupants themselves customarily store and remove their own boats or marina equipment on a self-service basis;  (5) “Marina operator” means the owner, operator, lessor, or sublessor of a marina facility and agent or any other person authorized to manage the facility;  (6) “Net proceeds”, as used in § 18-48-706, means the proceeds from the sale authorized after deduction for expenses incurred by the marina operator to exercise its rights under this subchapter, including, but not limited to, attorney's fees, auctioneers' fees, postage, and publication costs, together with the debt owed by the operator and charges directly related to preserving, assembling, advertising, and selling under this subchapter;  (7) “Occupant” means a person or entity entitled to the use of a leased space at a marina facility under a rental agreement between the person and the marina operator;  (8)  (A) “Personal property” means movable property not affixed to the land.  (B) “Personal property” includes, but is not limited to, watercraft, equipment, and goods; and    (9) “Rental agreement” means any written agreement between a marina operator and an occupant that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a marina rental space.
AR Code § 18-48-702 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 7 - Marina Facility Operators|§ 18-48-702. Marina operator's lien on watercraft and stored property

 (a) The operator of a marina facility has a lien on all personal property stored within each leased space for rent, labor, or other charges and for expenses reasonably incurred in its sale, as provided in this subchapter.  (b) The lien provided for in this section attaches as of the date the lease or rental payment becomes delinquent and shall be superior to any other lien or security interest except the following:  (1) A lien which is perfected and recorded in Arkansas in the name of the occupant, either in the county of the occupant's last known address or in the county where the marina facility is located, prior to the date the lease or rental payment becomes delinquent;  (2) Any tax lien; and  (3) Any lienholder with a perfected security interest in the property.    (c) Nothing in this subchapter shall be construed to prohibit the occupant, operator, lienholder, or any other person or entity claiming an interest in the property stored in the leased space from applying to a court of competent jurisdiction to determine the validity of the lien or its priority.
AR Code § 18-48-703 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 7 - Marina Facility Operators|§ 18-48-703. Notice of lien

 The rental agreement shall contain a statement, in bold type, advising the occupant:   (1) Of the existence of the lien; and  (2) That property stored in the leased space may be sold to satisfy the lien if the occupant is in default.
AR Code § 18-48-704 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 7 - Marina Facility Operators|§ 18-48-704. Access to leased space — Care of property

 (a) If an occupant is in default, the marina operator may deny the occupant access to the leased space.  (b)  (1) Unless the rental agreement specifically provides otherwise and until a lien sale under this subchapter, the property stored in the leased space remains vested in the occupant.  (2) Entry of the leased space by the marina operator for the purpose of complying with this subchapter shall not constitute conversion nor impose any responsibility for the care, custody, and control of any of the personal property stored.
AR Code § 18-48-705 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 7 - Marina Facility Operators|§ 18-48-705. Default — Right to sell property

 If the occupant is in default for a period of more than forty-five (45) days, the marina operator may enforce the lien by selling the property stored in the leased space at a public sale for cash.
AR Code § 18-48-707 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 7 - Marina Facility Operators|§ 18-48-707. Disposition of sale proceeds

 (a) Proceeds from the sale shall be paid, in order of priority:  (1) To satisfy all prior liens having priority over the marina operator's lien as set forth in § 18-48-702;  (2) To satisfy the marina operator's lien; and  (3) To the occupant or other person or persons entitled thereto.    (b) If a sale is held under this subchapter, the marina operator shall distribute the sale proceeds pursuant to subsection (a) of this section within ten (10) days following the sale.  (c) Any funds remaining in the possession of the marina operator, after the exhaustion of reasonable efforts to locate and distribute the funds to prior lienholders, the occupant or other persons entitled thereto, shall escheat to the county.
AR Code § 18-48-708 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 7 - Marina Facility Operators|§ 18-48-708. Notices — Method of delivery

 (a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by certified mail, return receipt requested.  (b)  (1) Notices sent to the operator shall be sent to the marina facility where the occupant's property is stored.  (2) Notices to the occupant shall be sent to the occupant at the occupant's last known address.  (3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in § 18-48-706(a) with postage prepaid.
AR Code § 18-48-709 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 7 - Marina Facility Operators|§ 18-48-709. Applicability of subchapter

 The provisions of this subchapter shall be applicable only in those situations in which the rental agreement is between a marina operator and the occupant.
AR Code § 18-48-801 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 8 - Principal Broker Real Estate Lien Act|§ 18-48-801. Title

 This subchapter shall be known and may be cited as the “Principal Broker Real Estate Lien Act”.
AR Code § 18-48-803 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 8 - Principal Broker Real Estate Lien Act|§ 18-48-803. Lien upon personal property

 (a)  (1) A principal broker has a lien in the amount that the owner has agreed to pay the principal broker or real estate firm under a representation agreement upon:  (A) The owner's net proceeds from the disposition of commercial real estate; and  (B) The net rental proceeds from the lease of commercial real estate.    (2) A lien created under subdivision (a)(1) of this section:  (A) Encumbers only personal property;  (B) Does not encumber real property; and  (C) May:  (i) Be asserted only by the principal broker identified in the representation agreement; and  (ii) Not be assigned voluntarily or by operation of law.        (b)  (1) Subject to the requirements of subdivisions (b)(2) and (3) of this section, a lien created under subdivision (a)(1) of this section is:  (A) Effective on the date of the recording of a notice of claim of lien upon proceeds in accordance with subdivision (b)(2) of this section; and  (B) Perfected by recording the notice of claim of lien upon proceeds with the circuit clerk in the county or counties in which the commercial real estate is located.    (2)  (A) A lien created as the result of a disposition of commercial real estate is not effective unless it is recorded before the deed conveying the commercial real estate is recorded in the office of the circuit clerk in the county or counties in which the commercial real estate is located.  (B) On or before the date the deed conveying the commercial real estate is recorded, the principal broker shall deliver a copy of the notice of claim of lien against proceeds to the escrow closing agent closing the disposition of commercial real estate in the manner provided in § 18-48-806 if the identity of the escrow closing agent is known by the principal broker.    (3) A lien created as the result of a lease of commercial real estate is:  (A) Not effective unless it is recorded within ninety (90) days after:  (i) The tenant takes possession of the leased commercial real estate; or  (ii) For a renewal of a lease of commercial real estate, the commencement date of the renewal lease term; and    (B) Null and void unless the principal broker delivers a copy of the notice of claim of lien against proceeds to the owner of the commercial real estate in the manner provided in § 18-48-806 within ten (10) days of recording the principal broker's notice of claim of lien against proceeds.
AR Code § 18-48-804 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 8 - Principal Broker Real Estate Lien Act|§ 18-48-804. Waiver of right to a lien — Action by principal broker

 (a) A principal broker may waive his or her right to a lien under this subchapter in the representation agreement.  (b) If a court finds that payment is due to the principal broker in an action to recover amounts due under a representation agreement in which the principal broker has waived his or her right to a lien, the court shall award actual damages, a reasonable attorney's fee, and expenses.
AR Code § 18-48-805 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 8 - Principal Broker Real Estate Lien Act|§ 18-48-805. Notice of claim of lien against proceeds

 (a) A notice of claim of lien against proceeds shall state:  (1) The name, address, and telephone number of the principal broker;  (2) The date of the representation agreement;  (3) The name of the owner of the commercial real estate;  (4) The legal description of the commercial real estate as described in the representation agreement;  (5) The amount of the claimed lien expressed as either a specified sum, a percentage of the sales price, or a formula;  (6) The real estate license number of the principal broker;  (7) That the lien claimant has read the notice of claim of lien, knows its contents, and believes:  (A) The statements contained in the notice of claim of lien to be true and correct; and  (B) That the claim is made pursuant to a valid representation agreement and is not frivolous; and    (8) That the information contained in the notice of claim of lien is true and accurate to the knowledge of the signatory.    (b) The notice of claim of lien against proceeds shall be notarized.  (c) A copy of the representation agreement shall be attached to the notice of claim of lien against proceeds.
AR Code § 18-48-806 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 8 - Principal Broker Real Estate Lien Act|§ 18-48-806. Delivery of notice of claim of lien

 (a) Except for service of a complaint under § 18-48-807 or § 18-48-808, a notice required to be delivered to a party under this subchapter shall be delivered by:  (1) Any form of service of process permitted by Rule 4 of the Arkansas Rules of Civil Procedure;  (2) Registered or certified mail, return receipt requested; or  (3) Personal or electronic delivery and evidence of delivery in the form of a receipt or other paper or electronic acknowledgment by or from the party to whom the notice is delivered.    (b) Delivery of the notice is effective at the time of:  (1) Personal service;  (2) Personal or electronic delivery; or  (3) Three (3) days after deposit in the mail.    (c)  (1) Notice to a principal broker or owner of commercial real estate may be sent to:  (A) The address of the principal broker or owner that is provided in the representation agreement; or  (B) Any other address contained in a written notice from the principal broker or owner to the party giving the notice.    (2) If no address can be found under the provisions of subdivision (c)(1) of this section, the notice may be given to:  (A) The principal broker at his or her most recent address of record with the Arkansas Real Estate Commission; and  (B) The owner at the address of the owner's commercial real estate.
AR Code § 18-48-807 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 8 - Principal Broker Real Estate Lien Act|§ 18-48-807. Release of notice of claim of lien

 (a) If a principal broker records a notice of claim of lien against proceeds and knows or learns that he or she is not entitled to receive compensation under the terms of the representation agreement, the principal broker shall record a written release of the notice of claim of lien against proceeds within five (5) days after:  (1) Demand by the owner of the commercial real estate; or  (2) Learning that the principal broker is not entitled to receive compensation under the terms of the representation agreement.    (b) If the amount claimed in the notice of claim of lien has been paid, a lien claimant shall promptly record a satisfaction or release of the notice of claim of lien within five (5) days after receipt of payment of the amount claimed in the notice of claim of lien.  (c)  (1) In a disposition of commercial real estate, the escrow closing agent shall pay to the lien claimant the owner's net proceeds up to the amount claimed in the notice of claim of lien against proceeds.  (2) If the amount claimed in the notice of claim of lien is to be fully or partially paid to the lien claimant by the escrow closing agent upon disposition, the lien claimant shall submit a release of his or her notice of claim of lien against proceeds to the escrow closing agent who shall hold the release in escrow pending disposition and payment.    (d)  (1)  (A) A notice of claim of lien against proceeds recorded under this subchapter shall be released upon the recording of a receipt by the office in which the notice of claim of lien was recorded that shows a deposit of an amount equal to the lien claimed.  (B) The deposit shall be held pending a resolution of amounts due to the licensee and the owner.    (2) If the court determines in an action by the owner to compel delivery of the release by the lien claimant that the delay in providing the release was unjustified, the court shall:  (A) Order the release of the notice of claim of lien; and  (B) Award the owner the costs of the action, including a reasonable attorney's fee.
AR Code § 18-48-808 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 8 - Principal Broker Real Estate Lien Act|§ 18-48-808. Disputed claim — Order to show cause

 (a)  (1) An owner of commercial real estate may dispute a recorded notice of claim of lien against proceeds filed under this subchapter by filing a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the principal broker to appear before the court and show cause why a release of the notice of claim of lien against proceeds should not be granted.  (2) If after a hearing, a court determines that the owner is:  (A) Not obligated to pay the principal broker a commission under the terms of a representation agreement, it shall issue an order:  (i) Releasing the notice of claim of lien against proceeds; and  (ii) Awarding costs and a reasonable attorney's fee to the owner; or    (B) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall issue an order awarding costs and a reasonable attorney's fee to the licensee.      (b)  (1) A principal broker who has a lien on net rental proceeds under § 18-48-803, has recorded a notice of claim of lien against proceeds, and has complied with the requirements of this subchapter may file a complaint in the circuit court of the county where the commercial real estate or a portion of the commercial real estate is located for an order directing the owner to appear before the court and show cause why the relief requested in the complaint should not be granted.  (2) If after a hearing, the court determines that the owner is:  (A) Obligated to pay the principal broker a commission under the terms of a representation agreement, the court shall:  (i) Issue an order enjoining the owner from paying the net rental proceeds from the lease to any party other than the principal broker;  (ii) Order the owner to pay the net rental proceeds to the principal broker; and  (iii) Award a reasonable attorney's fee and expenses to the principal broker; or    (B) Not obligated to pay the licensee a commission under the terms of a representation agreement, the court shall issue an order awarding a reasonable attorney's fee and expenses to the owner.      (c)  (1) A complaint authorized by subsection (a) or subsection (b) of this section is barred if not filed within twelve (12) months of the date that the notice of claim of lien against proceeds was recorded.  (2) A proceeding under this section shall not affect other rights and remedies available to the parties under this subchapter or otherwise.
AR Code § 18-48-809 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 4 - Mortgages And Liens|Chapter 48 - Miscellaneous Liens on Personal Property|Subchapter 8 - Principal Broker Real Estate Lien Act|§ 18-48-809. Priority of lien claims

 If perfected prior to the recording of a notice of claim of lien against proceeds, the following liens have priority over a lien created under this subchapter:   (1) Statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing under statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, whether voluntary or obligatory; and  (2) Modifications, extensions, renewals, and replacements to any of the liens listed in subdivision (1) of this section.
AR Code § 18-60-101 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 1 - General Provisions|§ 18-60-101. Right of cotenants to accounting

 (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 account therefor to his or her cotenant or cotenants, jointly or severally.  (b) Joint tenants, tenants in common, and coparceners in any real or personal estate may maintain civil actions against their cotenants who receive as bailiffs more than their due proportion of the benefits of the estate.