reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-210 - Execution for damages and costs only

When the judgment for the plaintiff is only for damages and costs, execution may be issued thereon as on judgments in personal actions.
Rev. Stat., ch. 53, § 17; C. & M. Dig., § 3700; Pope's Dig., § 4655; A.S.A. 1947, § 34-1415.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-211 - Expiration of right to possession pending action

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.
Rev. Stat., ch. 53, § 14; C. & M. Dig., § 3697; Pope's Dig., § 4652; A.S.A. 1947, § 34-1414.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-213 - Recovery for improvements and taxes paid on land of another

(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 stated and the amount of all taxes which may have been paid on the land by the person, and those under whom he or she claims, shall be paid by the successful party to the occupant, or the person under whom, or from whom, he or she entered and holds, before the court rendering judgment in the proceedings shall cause possession to be delivered to the successful party.
(b)
(1)
The court or jury trying the cause shall assess the value of the improvements in the same action in which the title to the lands is adjudicated.
(2)
On the trial, the damages sustained by the owner of the lands from waste and any mesne profits as may be allowed by law shall also be assessed.
(c)
(1)
If the value of the improvements made by the occupant and the taxes paid as stated in subsection (a) of this section shall exceed the amount of the damages and mesne profits combined, the court shall enter an order as a part of the final judgment providing that no writ shall issue for the possession of the lands in favor of the successful party until payment has been made to the occupant of the balance due him or her for the improvements and the taxes paid.
(2)
This amount shall be a lien on the lands, which may be enforced by equitable proceedings at any time within three (3) years after the date of the judgment.
(d)
In recoveries against the occupants, no account for any mesne profits shall be allowed unless they shall have accrued within three (3) years prior to the commencement of the suit in which they may be claimed.
(e)
In any of these equitable proceedings, the court may allow to the owner of the lands, as a setoff against the value of the improvements and taxes, the value of all rents accruing after the date of the judgment in which it has been allowed.
Acts 1883, No. 69, §§ 1-4, p. 106; C. & M. Dig., §§ 3703-3706; Pope's Dig., §§ 4658-4661; A.S.A. 1947, §§ 34-1423 -- 34-1426.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 2 - EJECTMENT AND TRESPASS (§§ 18-60-201 — 18-60-214) › Section 18-60-214 - Lien of tax deed holder for improvement by reason of survey

(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 land by having the boundaries surveyed and corners established by the county surveyor of the county in which the land is situated and, upon judicial investigation of the title to the land, it is found that the forfeiture for nonpayment of taxes is void and that the land belongs to another or that the former owner is entitled to redeem from the tax forfeiture, the value of the improvement to the land by reason of the survey shall be paid by the successful party to the holder of the tax deed.
(2)
The holder of the tax deed shall have a lien on the lands for this amount, which may be enforced by equitable proceedings at any time within three (3) years after the date of the judgment.
(b)
This section shall not repeal any statute providing for recovery of improvements and betterments but shall be cumulative to §
18-60-213(a)
and to all other existing laws not inconsistent with it.
Acts 1947, No. 87, §§ 1, 2; A.S.A. 1947, §§ 34-1427, 34-1428.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-301 - Legislative intent

(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 carrying out the rights and remedies granted to affected parties thereunder, is in need of clarification and revision in order that persons affected thereby may be afforded reasonable opportunity to be heard on legitimate objections to writs of possession entered in accordance with the provisions of this law.
(b)
It is, therefore, found to be to the best interest of the people of this state that an additional procedure be specifically prescribed for the enforcement of the rights of parties claiming a cause of action by reason of forcible entry and detainer or unlawful detainer of real property and those persons against whom such causes of action are brought.
Acts 1981, No. 615, § 1; A.S.A. 1947, § 34-1501.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-302 - Improper entry prohibited

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.
Acts 1981, No. 615, § 2; A.S.A. 1947, § 34-1502.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-303 - Actions constituting forcible entry and detainer

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 and windows or other parts of the house, whether any person is in it or not;
(3)
Threaten to kill, maim, or beat the party in possession or use words and actions as have a natural tendency to excite fear or apprehension of danger;
(4)
Put out of doors or carry away the goods of the party in possession; or
(5)
Enter peaceably and then turning out by force or frightening by threats or other circumstances of terror the party to yield possession.
Acts 1981, No. 615, § 3; A.S.A. 1947, § 34-1503.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-304 - Actions constituting unlawful detainer

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 person under whom he or she claims;
(2)
Peaceably and lawfully obtain possession of any land, tenement, or possession and hold it willfully and unlawfully after demand made in writing for the delivery or surrender of possession of the land, tenement, or possession by the person having the right to possession or his or her agent or attorney;
(3)
Fail or refuse to pay the rent for the land, tenement, or possession when due, and after three (3) days' notice to quit and demand made in writing for the possession of the land, tenement, or possession by the person entitled to the land, tenement, or possession or his or her agent or attorney, shall refuse to quit possession;
(4)
Fail to maintain the premises in a safe, healthy, or habitable condition; or
(5)
Cause or permit the premises to become:
(A)
A common nuisance subject to abatement under:
(i)
Section
14-54-1501
et seq.;
(ii)
The Arkansas Drug Abatement Act of 1989, §
16-105-401
et seq.; or
(iii)
Any other law of this state; or
(B)
A public or common nuisance under §
14-54-1701
et seq. as determined by a criminal nuisance abatement board.
Acts 1981, No. 615, § 4; A.S.A. 1947, § 34-1504; Acts 2005, No. 1431, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-305 - Applicability to all estates

Sections
18-60-303
and
18-60-304
shall extend to and comprehend all estates, whether freehold or less than freehold.
Acts 1981, No. 615, § 5; A.S.A. 1947, § 34-1505.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-306 - Jurisdiction - Definition

(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 of the Supreme Court.
(b)
As used in this subchapter, "court" means:
(1)
A circuit court; and
(2)
If permitted by rule or order of the Supreme Court, a district court.
Acts 1981, No. 615, § 6; A.S.A. 1947, § 34-1506; Acts 2007, No. 535, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-308 - Title to premises not adjudicated

In trials under the provisions of this subchapter, the title to the premises in question shall not be adjudicated upon or given in evidence, except to show the right to the possession and the extent thereof.
Acts 1981, No. 615, § 11; A.S.A. 1947, § 34-1511.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-309 - Judgment for plaintiff - Assessment of damages - Writs of possession and restitution

(a)
If upon the trial of any action brought under this subchapter the finding or verdict is for the plaintiff, the court or jury trying it shall assess the amount to be recovered by the plaintiff for the rent due and agreed upon at the time of the commencement of the action and up to the time of rendering judgment or, in the absence of an agreement, the fair rental value.
(b)
In addition thereto in all cases the court shall assess the following as liquidated damages:
(1)
When the property sought to be recovered is used for residential purposes only, the plaintiff shall receive an amount equal to the rental value for each month, or portion thereof, that the defendant has forcibly entered and detained or unlawfully detained the property; and
(2)
When the property sought to be recovered is used for commercial or mixed residential and commercial purposes, the plaintiff shall receive liquidated damages at the rate of three (3) times the rental value per month for the time that the defendant has unlawfully detained the property.
(c)
(1)
Thereupon the court shall render judgment in favor of the plaintiff for the recovery of the property and for any amount of recovery that may be so assessed with costs.
(2)
If possession of the premises has not already been delivered to the plaintiff, the court shall cause a writ of possession to be issued commanding the sheriff to remove the defendant from possession of the premises and to place the plaintiff in possession thereof.
(d)
(1)
In case the finding or verdict is for the defendant, the court shall give judgment thereon with costs and for any damages that may be assessed in favor of the defendant.
(2)
If the property described in the complaint has been turned over to the possession of the plaintiff, the court shall also issue a writ of restitution directed to the sheriff to cause the defendant to be repossessed of the property.
(e)
Any monetary judgments awarded either to the plaintiff or the defendant may be recovered upon in any manner otherwise authorized by law.
(f)
Upon final disposition of the action, the court shall distribute any money paid by the defendant under §
18-60-307(c)
into the registry of the court first toward satisfaction of the plaintiff's judgment, if any, and the remainder to the defendant.
Acts 1981, No. 615, § 9; A.S.A. 1947, § 34-1509; Acts 2007, No. 728, § 3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-311 - Judgment for defendant

(a)
In all cases of forcible entry and detainer and unlawful detainer, when the defendant disputes the plaintiff's right of possession, it shall be lawful for the defendant to introduce before the court or the jury trying the main issue in the action evidence showing the damage he or she may have sustained in being dispossessed of the lands and premises mentioned in the complaint.
(b)
The jury, if they find for the defendant, shall at the same time find what damage the defendant has sustained by being dispossessed, if he or she has been so dispossessed, under the provisions of this subchapter, for all of which the court shall render judgment restoring the property to the defendant, as provided for in this subchapter, and shall render judgment against the plaintiff and any surety on any bond posted by the plaintiff for damages as found by the jury, as well as the costs of the suit.
Acts 1981, No. 615, § 10; A.S.A. 1947, § 34-1510.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 3 - FORCIBLE ENTRY AND DETAINER - UNLAWFUL DETAINER (§§ 18-60-301 — 18-60-312) › Section 18-60-312 - Other causes of action not precluded

(a)
Neither the judgment to be rendered by the court in matters brought pursuant to the provisions of this subchapter nor anything in this subchapter shall bar or preclude the party injured from bringing any cause of action for trespass or ejectment, or any other action, against the offending party.
(b)
All claims, causes of action, and actions which have accrued, occurred, or been filed prior to March 23, 1981, and arising under acts repealed shall be, and remain, in full force and effect, but shall be governed by the terms of this subchapter.
Acts 1981, No. 615, §§ 12, 13; A.S.A. 1947, § 34-1512.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-401 - Petition - Determination of heirs property - Applicability

(a)
Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition.
(b)
(1)
The petition shall contain:
(A)
The description of the property;
(B)
The names of each party having an interest in the property and the nature and amount of the interest; and
(C)
A prayer for:
(i)
The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and
(ii)
Any other appropriate relief.
(2)
All persons interested in the property who have not united in the petition shall be summoned to appear.
(c)
(1)
The court shall determine whether or not the property is heirs property as defined in §
18-60-1002
.
(2)
If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, §
18-60-1001
et seq., shall, unless all of the cotenants otherwise agree in a record as defined by §
18-60-1002
:
(A)
Apply to the partition of the property; and
(B)
To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, §
18-60-1001
et seq., govern the procedures and rights of the parties concerning the heirs property.
Amended by Act 2015, No. 107,§ 2, eff. 1/1/2016.
Rev. Stat., ch. 107, § 1; Civil Code, § 538; C. & M. Dig., § 8091; Pope's Dig., § 10509; Acts 1941, No. 92, § 1; 1947, No. 161, § 1; 1957, No. 324, § 1; A.S.A. 1947, § 34-1801.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-402 - [Repealed]

Repealed by Act 2013, No. 1464,§ 2, eff. 8/16/2013.
Civil Code, § 548; C. & M. Dig., § 8099; Pope's Dig., § 10519; A.S.A. 1947, § 34-1802.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-403 - Parties generally

(a)
Every person having an interest as is specified in §
18-60-401
, whether in possession or otherwise, and every person entitled to dower or curtesy in the premises, if it has not been admeasured, shall be made a party to the petition.
(b)
In cases in which one (1) or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the petitioner, or uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be contingent so that the parties cannot be named, it shall be so stated in the petition.
Rev. Stat., ch. 107, §§ 3, 4; C. & M. Dig., § 8092; Pope's Dig., §§ 10511, 10512; A.S.A. 1947, §§ 34-1806, 34-1807.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-404 - [Repealed]

Repealed by Act 2015, No. 107,§ 3, eff. 1/1/2016.
Acts 1985, No. 971, §§ 1, 2; A.S.A. 1947, §§ 34-1839, 34-1840; Acts 1991, No. 759, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-405 - Guardians for infants or individuals with mental illness

(a)
The statutory guardian of an infant or of an individual with mental illness may file or unite in the petition in the names of, and in conjunction with, the infant or person of unsound mind.
(b)
(1)
If the petition is filed against infants or individuals with mental illness, the guardian may appear and defend for them and protect their interests.
(2)
If the guardian does not, the court shall appoint some discreet person for that purpose.
Civil Code, § 540; C. & M. Dig., § 8095; Pope's Dig., § 10515; A.S.A. 1947, § 34-1803.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-406 - Court-appointed guardians for minors

(a)
It shall be lawful for the circuit court of the proper county, for any of the purposes intended by §
18-60-401
, and before or after any proceedings by virtue thereof, to appoint a guardian for any minor, whether the minor resides in or out of this state. The guardian, for all the purposes of this act, shall have the same powers as any general guardian.
(b)
It shall be the duty of any court appointing any guardian for any minor entitled to any moneys arising from the sale in §§
18-60-420
-
18-60-423
to require of the guardian a bond to the state, with such security as the court shall deem sufficient, conditioned for the faithful discharge of the duty or trust committed to him or her and that he or she will render a just and true account of his or her guardianship in all courts and places when required.
Rev. Stat., ch. 107, §§ 36, 37; C. & M. Dig., §§ 8121, 8122; Pope's Dig., §§ 10543, 10544; A.S.A. 1947, §§ 34-1804, 34-1805.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-407 - Constructive service

Parties interested may be constructively summoned as provided by Rule 4 of the Arkansas Rules of Civil Procedure.
Amended by Act 2013, No. 1148,§ 57, eff. 8/16/2013.
Civil Code, § 543; C. & M. Dig., § 8098; Pope's Dig., § 10518; A.S.A. 1947, § 34-1808.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-408 - Intervention

Any person having an interest in the premises sought to be divided or sold, whether the interest is present or future, vested or contingent, though not made a party in the petition may appear and, on showing his or her interest by affidavit to the satisfaction of the court, be made a party to the suit for partition.
Rev. Stat., ch. 107, § 9; C. & M. Dig., § 8093; Pope's Dig., § 10513; A.S.A. 1947, § 34-1809.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-409 - Court order for division

Upon a petition by all interested in the property being filed, or upon a summons being served upon all who have an interest in the property, and who have not united in the petition ten (10) days before commencement of the term, the court may make an order for the division according to the rights of the parties, by commissioners appointed according to law.
Civil Code, § 539; C. & M. Dig., § 8094; Pope's Dig., § 10514; A.S.A. 1947, § 34-1810.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-410 - Answer

If any person summoned, as provided in §§
18-60-401
,
18-60-405
, and
18-60-409
, desires to contest the rights of the petitioners or the statements in the petition, he or she shall do so by a written answer, and the questions of law and fact thereupon arising shall be tried and determined by the court.
Civil Code, § 541; C. & M. Dig., § 8097; Pope's Dig., § 10517; A.S.A. 1947, § 34-1811.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-411 - Entry of default

If any of the parties duly notified by personal service or publication shall not appear and plead within the time allowed by the court for that purpose, the default shall be entered. The petitioners shall, nevertheless, make out their case by the exhibition to the court of the evidence of their title upon which they claim.
Rev. Stat., ch. 107, § 13; C. & M. Dig., § 8096; Pope's Dig., § 10516; A.S.A. 1947, § 34-1812.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-412 - Judgment

(a)
The court shall ascertain, from the evidence in case of default or from the confession by answer of the parties, if they appear, and shall declare the rights, titles, and interests of all the parties to the proceedings, petitioners as well as defendants, so far as they shall have appeared.
(b)
The court shall determine the rights of the parties in the lands and tenements and give judgment that partition be made between such of them as shall have any right therein, in accordance with the right thus ascertained.
Rev. Stat., ch. 107, § 14; C. & M. Dig., § 8100; Pope's Dig., § 10520; A.S.A. 1947, § 34-1813.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-413 - No partition contrary to terms of will

No partition or sale of land, tenements, or hereditaments devised by any last will and testament shall be made, under the provisions of this act, contrary to the intention of any testator as expressed in his or her last will and testament.
Rev. Stat., ch. 107, § 34; C. & M. Dig., § 8090; Pope's Dig., § 10508; A.S.A. 1947, § 34-1814.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-414 - Appointment of commissioners

(a)
(1)
Whenever any judgment of partition shall be rendered, the court may, by rule or order, appoint not fewer than three (3) nor more than five (5) commissioners who are residents of the county in which the premises to be divided is situated to make the partition so adjudged, according to the respective rights and interests of the parties, as they were ascertained and determined by the court.
(2)
On such rule or order, the court shall designate the part or shares which shall remain undivided, if any, for the owners whose interest shall be unknown and not ascertained.
(b)
In case of death, resignation, neglect, or refusal to act of any of the commissioners to be appointed as aforesaid, before the duties, trust, and services required of them shall be completed, the court, or judge thereof in vacation, may appoint another commissioner, who shall be vested with the like powers and authority as if he or she had been originally appointed.
Rev. Stat., ch. 107, §§ 16, 38; C. & M. Dig., §§ 8101, 8102; Pope's Dig., §§ 10521, 10522; Acts 1983, No. 503, § 1; A.S.A. 1947, §§ 34-1815, 34-1816.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-415 - Duties of commissioners

(a)
(1)
The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners.
(2)
In such a case they shall make report of this fact in court, under their hands, accompanied by an affidavit of the truth of the fact stated in the report so returned.
(b)
(1)
In making partition, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quality and quantity relatively being considered by them according to the respective rights and interests of the parties, so adjudged by the court, designating the several shares and portions by metes and bounds.
(2)
The commissioners may, when necessary, employ a surveyor and assistants to assist them.
(c)
(1)
The commissioners shall make a full and detailed report of their proceedings, in writing, signed by them, or a majority of them, specifying therein the manner of executing the trust.
(2)
(A)
The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division.
(B)
This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein.
Rev. Stat., ch. 107, §§ 17-19; C. & M. Dig., §§ 8103-8105; Pope's Dig., §§ 10523-10525; A.S.A. 1947, §§ 34-1817 -- 34-1819.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-416 - Court action on commissioners' report

(a)
Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction.
(b)
Upon good cause shown by either party, on the report being made and returned to the circuit court, it may be set aside by the court, who may appoint new commissioners, who shall proceed in like manner as directed in §
18-60-415
. The court shall not set aside a second report for the same cause for which the first report was set aside.
(c)
(1)
If no cause is shown, the report shall be confirmed, and judgment shall thereupon be given that the partition be firm and effectual forever.
(2)
The judgment shall be binding and conclusive on all the parties to the proceedings, their representatives, and all other persons claiming under them by right derived after the commencement of the proceedings.
Civil Code, § 545; Rev. Stat., ch. 107, §§ 20, 21; C. & M. Dig., §§ 8106-8108; Pope's Dig., §§ 10526-10528; A.S.A. 1947, §§ 34-1820 -- 34-1822.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-417 - Deeds of partition

On the confirmation of the report of the division of lands, the commissioners, or some commissioner appointed for the purpose, shall make a deed or deeds of partition, conveying to each party the land allotted to him or her in severalty, which shall be approved by the court and recorded as other deeds.
Civil Code, § 546; C. & M. Dig., § 8109; Pope's Dig., § 10529; A.S.A. 1947, § 34-1823.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 18-60-418 - Costs

The costs of the division shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong.
Civil Code, § 547; C. & M. Dig., § 8110; Pope's Dig., § 10530; A.S.A. 1947, § 34-1824.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 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.
Acts 1921, No. 386, § 1; Pope's Dig., § 10531; Acts 1963, No. 518, § 1; 1983, No. 783, §§ 1, 2; A.S.A. 1947, §§ 34-1825 -- 34-1825.2.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 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.
Amended by Act 2013, No. 1184,§ 2, eff. 4/12/2013.
Rev. Stat., ch. 107, §§ 23-26; C. & M. Dig., §§ 8111-8114; Pope's Dig., §§ 10532-10535; A.S.A. 1947, §§ 34-1826 -- 34-1829.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 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.
Rev. Stat., ch. 107, § 27; C. & M. Dig., § 8115; Pope's Dig., § 10536; A.S.A. 1947, § 34-1830.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 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.
Rev. Stat., ch. 107, §§ 28-30, C. & M. Dig., §§ 8116-8118; Pope's Dig., §§ 10537-10539, A.S.A. 1947, §§ 34-1831 -- 34-1833.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 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.
Rev. Stat., ch. 107, § 31; C. & M. Dig., § 8119; Pope's Dig., § 10540; A.S.A. 1947, § 34-1834.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 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.
Rev. Stat., ch. 107, § 16; Acts 1983, No. 503, § 1; A.S.A. 1947, § 34-1815.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 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.
Civil Code, § 535; C. & M. Dig., § 8124; Pope's Dig., § 10546; A.S.A. 1947, § 34-1836.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 4 - PARTITION AND SALE OF LAND (§§ 18-60-401 — 18-60-426) › Section 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.
Civil Code, § 534; C. & M. Dig., §§ 5870, 8123; Pope's Dig., §§ 7587, 10545; Acts 1949, No. 349, §§ 1, 2; A.S.A. 1947, §§ 34-1835, 34-1835n.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 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.
Acts 1899, No. 79, § 1, p. 133; C. & M. Dig., § 8362; Pope's Dig., § 10958; A.S.A. 1947, § 34-1901.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 5 - CIVIL ACTIONS (§§ 18-60-101 — 18-61-106) › Chapter 60 - MISCELLANEOUS PROCEEDINGS RELATING TO PROPERTY (§§ 18-60-101 — 18-60-1014) › Subchapter 5 - QUIETING TITLE GENERALLY (§§ 18-60-501 — 18-60-511) › Section 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.
Amended by Act 2017, No. 377,§ 1, eff. 8/1/2017.
Acts 1899, No. 79, §§ 2, 10, p. 133; C. & M. Dig., §§ 8363, 8364; Pope's Dig., §§ 10959, 10960; A.S.A. 1947, §§ 34-1902, 34-1903; Acts 2007, No. 1037, § 1.