reglab/housing_qa huggingface dataset:
AR Code § 18-60-419 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-419. Attorney's fees

 (a)  (1) In all suits in any of the courts of this state for partition of lands when a judgment is rendered for partition in kind, or a sale and a partition of the proceeds, the court rendering the judgment or decree shall allow a reasonable fee to the attorney bringing the suit.  (2) The attorney's fee shall be taxed as part of the costs in the cause and shall be paid pro rata as the other costs are paid according to the respective interests of the parties to the suit in the lands so partitioned.    (b)  (1) When judgment is rendered by a court of this state for partition of realty in kind, or for the sale of realty and partition of the proceeds of the sale, the court in assessing a reasonable fee to be allowed the attorney bringing the action shall consider only those services performed by the attorney requesting a fee which are of common benefit to all parties.  (2) The court shall assess no fee for services which benefit only one (1) party, such as services necessary for the preparation and trial of contested issues of title or services for which payment has been made by the agreement of the parties.    (c) In no event shall a fee so assessed and taxed as costs exceed forty thousand dollars ($40,000) in total compensation and costs.  (d) In no event shall a fee be awarded when the trial court shall determine that the attorney seeking the allowance of a fee has an interest in the subject matter property.  (e) Subsections (b)-(d) of this section shall not be construed as limiting the amount of any fee charged by an attorney to the attorney's client.
AR Code § 18-60-420 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-420. Sale of land not susceptible to division

 (a) If the commissioners appointed under this subchapter report to the court that all or part of the land or tenements of which partition had been directed are so situated that partition cannot be made without great prejudice to the owners of the land or tenements, the court may, if satisfied that the report is just and correct, make an order that the commissioners sell all or part of the land or tenements:  (1) At public auction to the highest bidder; or  (2) By a negotiated sale under terms and conditions established by the court, including without limitation by engaging a licensed real estate broker to sell the land or tenements.    (b) The court making the order of sale shall therein direct the terms and conditions, time and place of sale, the credit, if any, and the security to be taken.  (c) The commissioners shall give notice of the time and place and terms of any sale to be made by them, in accordance with the order of the court directing the sale.  (d)  (1) If the premises consist of distinct farms, buildings, tracts, or lots of land, they shall be sold separately.  (2) When any tract of land or lot can be divided for the purpose of sale, with advantage to the parties interested, it may be so divided and sold in parcels.
AR Code § 18-60-421 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-421. Commissioners or other interested parties not to purchase

 (a)  (1) No commissioner nor any person for his or her benefit shall purchase or be directly or indirectly interested in the purchase of any of the premises sold.  (2) No guardian of any minor or person of unsound mind party to the proceedings shall purchase or be interested in the purchase of any of the lands the subject of the proceedings except for the benefit or in behalf of his or her ward.    (b) All sales contrary to the provisions of this section shall be void.
AR Code § 18-60-422 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-422. Report and confirmation of sale — Conveyances

 (a) After completing the sale, the commissioners shall report their proceedings to the court, on their oath, with a description of the different parcels of the land sold, the name of the purchaser, and the price bid by him or her, and the report shall be filed in the court.  (b) If the sale is approved and confirmed by the court, an order shall be entered, directing the commissioners, or a majority of them, to execute conveyances pursuant to the sale, and the commissioners shall execute the conveyances accordingly.  (c) The conveyances so executed shall be acknowledged or proven and recorded in the same manner as other conveyances of lands, and shall be a bar, both in law and equity, against all persons interested in the premises who shall have been parties to the proceedings and against all other persons claiming from or under the parties, or either of them, by title derived after suit commenced.
AR Code § 18-60-423 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-423. Distribution of sale proceeds

 The proceeds of every sale, after deducting the costs and expenses of the proceedings, shall be divided among the parties whose rights and interests shall have been sold, in proportion to their respective rights in the premises, and shall be paid to them, their guardians, or legal representatives by the commissioners.
AR Code § 18-60-424 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-424. Sale without commissioners

 The court may order a sale without the appointment of commissioners if the court determines from the evidence presented that there is no necessity for the appointment of commissioners.
AR Code § 18-60-425 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-425. Sale of improved land where infant or individual with mental illness coparcener, etc

 (a) When town or city lots, or land outside of a town or city, but having upon it a building of more value than the land, shall be held by, or in trust, for coparceners, joint tenants, or tenants in common, some of whom are infants or persons of unsound mind, the circuit court, or other court of similar jurisdiction, may, upon the complaint of a part of the owners against the others, of the trustee against the owner, or of the owners against the trustee, and upon its being proved that a division of the land would materially impair its value, order a sale thereof and the division of the proceeds among those entitled.  (b)  (1) Before the sale is ordered, the court shall appoint some suitable persons to take care of the interests of the infants or individuals with mental illness.  (2) The shares of the infants or individuals with mental illness shall not be paid by the purchaser, but remain a lien upon the land, bearing interest, until they become capable in law of receiving their respective shares or until statutory guardians shall be appointed for the infants or individuals with mental illness, or the infants shall become married.  (3) The guardians shall give bond as required by law.
AR Code § 18-60-426 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-426. Sale of land held jointly or otherwise by incompetent person

 (a) The land of an incompetent person held jointly or otherwise, by survivorship, entirety, tenancy in common, joint tenancy, or howsoever held, with another or others, though not necessary for the payments of debts or maintenance, may be sold by order of the probate division of circuit court having jurisdiction over the land or guardian of the person when it shall appear to the court from legal evidence that the interest of the other owner or owners would be advanced thereby and that the interest of the incompetent person would not be injuriously affected.  (b) The sale of the interest and the disposition of the proceeds derived therefrom shall be controlled in the same manner as provided by law in sales by guardians of real property wherein their wards have an interest.  (c) It is the specific intent of this section to enable guardians, regardless of their wards' interest in real property, technical estate by which held, or the relationship to the ward, to sell the interest of the ward in the property subject to the provisions of subsection (a) of this section.
AR Code § 18-60-501 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-501. Proceedings generally

 Any person claiming to own land that is wild or improved or land that is in the actual possession of himself or herself, or those claiming under him or her, may have his or her title to the land confirmed and quieted by proceeding in the manner provided in this subchapter.
AR Code § 18-60-502 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-502. Petition

 (a) A claimant shall file in the office of the clerk of the circuit court of the county in which the land is situated a petition describing the land and stating facts which show a prima facie right and title to the land in himself or herself and that there is no adverse occupant thereof.  (b)  (1) The petitioner shall initiate a search of the following records in order to identify persons entitled to notice and shall provide notice as required under subdivision (b)(2) of this section:  (A) Land title records in the office of the county recorder;  (B) Tax records in the office of the county collector;  (C) Tax records in the office of the county treasurer;  (D) Tax records in the office of the county assessor;  (E) For an individual, records of the probate court for the county in which the property is located;  (F) For a partnership, partnership records filed with the county clerk; and  (G) For a business entity other than a partnership, business entity records filed with the Secretary of State.    (2)  (A) The petitioner shall send notice by certified mail to the last known address in duplicate, with one (1) copy addressed by name to the person entitled to notice and the other copy addressed to “occupant”, and if the certified mail is returned undelivered, the petitioner shall send a second notice by regular mail.  (B) The petitioner shall post a notice of the pending quiet title action conspicuously on the property.    (3) If the petitioner has knowledge of any other person who has, or claims to have, interest in the lands, the petitioner shall so state, and the person or persons shall be summoned as defendants in the case.    (c) The petitioner may embrace in his or her petition as many tracts of land as he or she sees proper so long as they all lie in the county.
AR Code § 18-60-503 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-503. Publication of notice — Cancellation of liens

 (a)  (1) Upon the filing of the petition, the clerk of the court shall publish a notice of the filing of the petition on the same day of each week, for four (4) weeks in some newspaper published in the county, if there is one, and if not, then in some newspaper having a circulation in the county.  (2) The petition shall describe the land and call upon all persons who claim any interest in the land or lien thereon to appear in the court and show cause why the title of the petitioner should not be confirmed.    (b) The circuit court within the proper county is authorized and empowered under the notice to find apparent existing liens on the real estate to be barred by the laws of limitation or laches and decree the cancellation of the liens and the records thereof.
AR Code § 18-60-504 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-504. Adjudication of rights

 If any person is summoned to appear in the cause, his or her rights shall be adjudicated according to the principles of equity.
AR Code § 18-60-505 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-505. Proof

 (a) After proof of publication of the notice as stated in § 18-60-503 has been filed, the court shall require the petitioner to prove all the allegations of the petition.  (b) Proof may be by depositions or by testimony ore tenus at the bar of the court.
AR Code § 18-60-506 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-506. Prima facie title

 If the petitioner cannot show a perfect claim of title to any particular tract or tracts of land, it shall be held to constitute a prima facie title if the petitioner shall show that:   (1) The petitioner and those under whom he or she claims, have had color of title to the land for more than seven (7) years; and  (2) During that time the petitioner or those under whom he or she claims, have continuously paid the taxes thereon.
AR Code § 18-60-507 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-507. Lost or destroyed title papers

 If the petitioner alleges that his or her title papers or the record thereof has been lost or destroyed, the court shall have the power to require new title papers to be executed if the party required to execute them shall have been duly summoned in the cause.
AR Code § 18-60-508 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-508. Decree — Effect

 (a) If the court is satisfied as to the truth of the facts set out in the petition, it shall render a decree establishing and quieting the petitioner's title against all persons except as provided in subsection (b) of this section.  (b) The decree in the cause shall not bar or affect the rights of any person who claims through, under, or by virtue of any contract with the petitioner, or who was an adverse occupant of the land at the time the petition was filed, or any person who within seven (7) years preceding had paid the taxes on the land, or a remainderman unless the person shall have been made a defendant in the petition and personally summoned to answer it.
AR Code § 18-60-509 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-509. Recording of decree

 A certified copy of any decree confirming title to real estate shall be entitled to record in the books kept for the record of deeds in the county in which the decree was granted.
AR Code § 18-60-510 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-510. Setting aside decree

 (a) Any person may appear within three (3) years and set aside the decree if he or she shall offer to file a meritorious defense.  (b) Every person laboring under the disability of infancy or individuals with mental illness or intellectual disabilities, and those claiming under them, may set aside the decree at any time within three (3) years after the removal of their disability.
AR Code § 18-60-511 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 5 - Quieting Title Generally|§ 18-60-511. Costs

 The costs of the proceedings shall be adjudged against the petitioner if there is no other party to the proceedings, and otherwise the costs shall be adjudged according to the principles of equity.
AR Code § 18-60-601 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 6 - Quieting Title — Public Sales|§ 18-60-601. Proceedings to confirm public sales

 The purchasers, or the heirs and legal representatives of purchasers, of lands at sheriff's sales or those made by the county clerks, or by the Commissioner of State Lands, or from levee or drainage improvement districts, who have acquired title by purchase at the sale held by the sheriff or by foreclosure proceedings for taxes due the districts, in pursuance of any of the laws thereof, or those made by the order, decree, or authority of any court of record, may protect themselves from eviction of the lands so purchased, or from any responsibility as possessors of them, by proceeding in the manner provided in this subchapter.
AR Code § 18-60-602 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 6 - Quieting Title — Public Sales|§ 18-60-602. Petition for confirmation — Affidavit

 (a) The petition for confirmation shall be filed with the clerk of the circuit court of the county at least twenty (20) days prior to the first day of the term of court at which application is to be made.  (b) The petitioner, if he or she is acquainted with the lands, shall file with his or her petition his or her affidavit, or the affidavit of some person who is acquainted with the lands, showing that there is no person in actual possession of the lands claiming title adverse to the petitioner, proof that taxes owed on the lands were either paid, settled, or released shall be filed with the petition and, in the case of levee or drainage improvement districts, proof of payment, settlement, or release of all delinquent taxes.
AR Code § 18-60-603 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 6 - Quieting Title — Public Sales|§ 18-60-603. Publication of notice

 (a)  (1) When land is not made redeemable by any law of this state applicable to the sale, or, if redeemable, at any time after the expiration of the time allowed for the redemption, at all sales which have been or may be made, the purchaser, the heirs and legal representative of the purchaser, or the assignee of the purchaser or the heirs or legal representative of the assignee, may publish a notice.  (2) This notice shall be published four (4) weeks in succession in some newspaper published in the county where the land lies, if there is a newspaper published in the county or, if not, in the nearest newspaper having a bona fide circulation in the county.  (3) The notice shall call on all persons who can set up any right to the land so purchased in consequence of any informality or any irregularity connected with the sale to show cause, at the first term of the circuit court of the county after the publication of the notice, why the sale so made should not be confirmed.  (4) The notice shall state the authority under which the sale took place and give the description of the land purchased and the nature of the title by which it is held.    (b) The last insertion of the notice in the newspaper shall be at least twenty (20) days before the application for confirmation is submitted to the court for trial.  (c) Proof of the publication of the notice shall be made in the same manner as proof of publication of notices in other circuit court causes.  (d) The clerk of the court shall notify any delinquent tax owner or owners at their last known address by registered mail at least twenty (20) days before the application for confirmation is submitted to the court for trial.
AR Code § 18-60-604 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 6 - Quieting Title — Public Sales|§ 18-60-604. Petition taken as confessed

 If the deed or deeds are in proper legal form and properly executed, if there is proof showing payment, settlement, or release of the taxes, and if the evidence shows that no one is in possession adverse to the petitioner, then in case no one has appeared to show cause against the prayer of the petitioner, the petition shall be taken as confessed and the court shall render final decrees confirming the sale in question.
AR Code § 18-60-605 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 6 - Quieting Title — Public Sales|§ 18-60-605. Trial of sale validity

 In case any person or persons claiming title to the land opposed the confirmation of sale, then the court shall try the validity of the sale and the court shall:   (1) Confirm the sale if the sale was valid; or  (2) Annul the sale if the sale has been made contrary to law.
AR Code § 18-60-606 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 6 - Quieting Title — Public Sales|§ 18-60-606. Evidence at trial

 (a)  (1) On the trial of the cause, the petitioner shall exhibit to the court proof that taxes owed on the lands were either paid, settled, or released and, in the case of lands acquired from levee and drainage improvement districts:  (A) All delinquent taxes that have been paid, settled, or released;  (B) The deed or deeds under which he or she claims title, or the record thereof, or a certified copy or copies from the record; and  (C) Oral or written proof by one (1) or more witnesses acquainted with the lands showing that no one is in possession claiming adverse to the petitioner.    (2) The name of the witness or witnesses so sworn shall be preserved in the decree.    (b) A sheriff's or land commissioner's deed, given in the usual form, without witnesses, shall be taken and considered by the court as sufficient evidence of the authority under which the sale was made, the description of the land, and the price at which it was purchased.
AR Code § 18-60-607 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 6 - Quieting Title — Public Sales|§ 18-60-607. Confirmation of sale

 (a) There should be no confirmation of the sale of any lands that are in actual possession of any person claiming title adverse to the petitioner, nor shall there be any confirmation of the sale of lands unless the petitioner or his or her grantor or those under whom he or she claims title submits proof that all taxes owed on the lands have been paid, settled, or released.  (b) With respect to land in levee and drainage improvement districts, there shall be no confirmation of sale unless title has been acquired as referred to in § 18-60-601, nor unless the petitioner or his or her grantor or grantors exhibit proof of payment, settlement, or release of all taxes that are due against the lands in the districts at the time of the rendition of the decree of confirmation by the court.