reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 1 - GENERAL PROVISIONS (§§ 18-12-101 — 18-12-108) › Section 18-12-106 - Joint tenants with right of survivorship

(a)
Interests in real property may be conveyed to two (2) or more persons, regardless of their relationship to each other, as joint tenants with right of survivorship.
(b)
Any person who owns an interest in real property may convey that interest or any portion thereof to himself or herself and one (1) or more other persons, regardless of their relationship to each other, as joint tenants with right of survivorship.
(c)
Furthermore, all conveyances of real property made prior to July 15, 1991, and which clearly intended that the interests were conveyed as joint tenancy with right of survivorship even though the grantees were not husband and wife shall be deemed to have created joint tenancies with right of survivorship.
Acts 1991, No. 56, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 2 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 18-12-201 — 18-12-209) › Section 18-12-201 - Proof or acknowledgment as prerequisite to recording real estate conveyances

All deeds and other instruments in writing for the conveyance of any real estate, or by which any real estate may be affected in law or equity, shall be proven or duly acknowledged in conformity with the provisions of this act before they or any of them shall be admitted to record.
Rev. Stat., ch. 31, § 22; C. & M. Dig., § 1525; Pope's Dig., § 1835; A.S.A. 1947, § 49-211.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 2 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 18-12-201 — 18-12-209) › Section 18-12-202 - Forms of acknowledgments - Validity - Acknowledgments of married persons

(a)
(1)
Either the forms of acknowledgments now in use in this state or any other forms may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property which:
(A)
Specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken;
(B)
Set out the name of the person acknowledging and, in instances in which he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges; and
(C)
Recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law.
(2)
These forms may also be used when the property is to be affected in law or equity and also in any other case in which such an acknowledgment is for any purpose required or authorized by law.
(3)
An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence.
(b)
The acknowledgment of a married person, both as to the disposition of his or her own property and as to the relinquishment of dower, curtesy, and homestead in the property of a spouse, may be made in the same form as if that person were sole and without any examination separate and apart from a spouse, and without necessity for a specific reference therein to the interest so conveyed or relinquished.
Acts 1937, No. 44, § 1; Pope's Dig., § 1831; Acts 1981, No. 714, § 3; A.S.A. 1947, § 49-201.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 2 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 18-12-201 — 18-12-209) › Section 18-12-203 - Officers authorized to take proof or acknowledgment of real estate conveyances

(a)
The proof or acknowledgment of every deed or instrument of writing for the conveyance of any real estate shall be taken by one (1) of the following courts or officers:
(1)
When acknowledged or proved within this state, before the Supreme Court, the circuit court, or any justices or judges thereof, the clerk of any court of record, any county judge, or before any notary public;
(2)
When acknowledged or proved outside this state, and within the United States or its territories, or in any of the colonies or possessions or dependencies of the United States, before any court of the United States, or any state or territory, or colony or possession or dependency of the United States, having a seal, or a clerk of any such court, or before any notary public, or before the mayor of any incorporated city or town, or the chief officer of any city or town having a seal, or before a commissioner appointed by the Governor; and
(3)
When acknowledged or proved outside the United States, before any:
(A)
Court of any state, kingdom, or empire having a seal;
(B)
Mayor or chief officer of any city or town having an official seal; or
(C)
Officer of any foreign country who by the laws of that country is authorized to take probate of the conveyance of real estate of his or her own country if the officer has, by law, an official seal.
(b)
The acknowledgment of any deed or mortgage, when taken outside the United States, may be taken and certified by a United States consul.
Rev. Stat., ch. 31, § 13; Acts 1874, No. 13, § 1, p. 58; 1887, No. 91, § 1, p. 142; 1897, No. 26, § 1, p. 33; 1899, No. 150, § 1, p. 276; C. & M. Dig., § 1516; Acts 1921, No. 233, § 1; 1923, No. 464, §§ 1, 2; Pope's Dig., § 1825; A.S.A. 1947, §§ 49-202, 49-203; Acts 2003, No. 1185, § 252.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 2 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 18-12-201 — 18-12-209) › Section 18-12-204 - Attestation of acknowledgments

(a)
In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer has no seal of office, then it shall be attested under the official signature of the officer.
(b)
In all cases of deeds and conveyances proved or acknowledged outside the United States or their territories, the acknowledgment or proof must be attested under the official seal of the court or officer before whom the probate is had.
Rev. Stat., ch. 31, §§ 14, 15; C. & M. Dig., §§ 1517, 1518; Pope's Dig., §§ 1826, 1827; A.S.A. 1947, §§ 49-204, 49-205.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 2 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 18-12-201 — 18-12-209) › Section 18-12-205 - Certificate of acknowledgment

(a)
Any court or officer that takes a proof or an acknowledgment of any instrument affecting real property shall grant a certificate of the proof or acknowledgment.
(b)
The court or officer shall cause the certificate of the proof or acknowledgment to be endorsed on the instrument affecting real property.
(c)
The certificate of the proof or acknowledgment shall be signed by the clerk of the court or by the officer if he or she has a seal of office.
Rev. Stat., ch. 31, § 16; C. & M. Dig., § 1519; Pope's Dig., § 1828; A.S.A. 1947, § 49-206; Acts 2007, No. 827, § 142.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 2 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 18-12-201 — 18-12-209) › Section 18-12-206 - Manner of making acknowledgment - Proof of deed or instrument - Proof of identity of grantor or witness

(a)
The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgment and stating that he or she had executed the deed or instrument for the consideration and purposes therein mentioned and set forth.
(b)
When a deed or instrument referred to in subsection (a) of this section is to be proved, it shall be done by one (1) or more of the subscribing witnesses personally appearing before the proper court or officer and stating on oath that he or she saw the grantor subscribe the deed or instrument of writing or that the grantor acknowledged in his or her presence that he or she had subscribed and executed the deed or instrument for the purposes and consideration therein mentioned, and that he or she had subscribed the deed or instrument as a witness at the request of the grantor.
(c)
If any grantor has not acknowledged the execution of a deed or instrument referred to in subsection (a) of this section and the subscribing witnesses are dead or cannot be had, then the deed or instrument may be proved by the evidence of the handwriting of the grantor and of at least one (1) of the subscribing witnesses. This evidence shall consist of the deposition of two (2) or more disinterested persons, swearing to each signature.
(d)
(1)
When any grantor in any deed or instrument that conveys real estate or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself or herself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his or her identity and his or her being the person he or she purports to be on the face of such instrument of writing shall be proved to the court or officer.
(2)
Proof may be made by witnesses known to the court or officer or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing.
Rev. Stat., ch. 31, §§ 17-20; C. & M. Dig., §§ 1520-1523; Pope's Dig., §§ 1829, 1830, 1832, 1833; A.S.A. 1947, §§ 49-207 -- 49-210.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 2 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 18-12-201 — 18-12-209) › Section 18-12-207 - [Repealed]

Repealed by Act 2013, No. 999,§ 1, eff. 4/8/2013.
Acts 1919, No. 45, § 1; C. & M. Dig., § 1526; Pope's Dig., § 1836; A.S.A. 1947, § 49-212.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 2 - ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS (§§ 18-12-201 — 18-12-209) › Section 18-12-209 - Recorded deed or written instrument affecting real estate

(a)
Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the county where such land to be conveyed or affected thereby is located, and when so recorded may be read in evidence in any court in this state without further proof of execution.
(b)
If it appears at any time that any deed or instrument duly acknowledged or proved and recorded as prescribed by this act is lost or not within the power and control of the party wishing to use the deed or instrument, the record thereof, or a transcript of the record certified by the recorder, may be read in evidence without further proof of execution.
(c)
Neither the certificate of acknowledgment nor the probate of any such deed or instrument, nor the record or transcript thereof, shall be conclusive, but it may be rebutted.
Rev. Stat., ch. 31, §§ 26-28; C. & M. Dig., §§ 1530-1532; Pope's Dig., §§ 1840-1842; A.S.A. 1947, §§ 28-919 -- 28-921.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 3 - FEE TAIL (§§ 18-12-301 — 18-12-303) › Section 18-12-301 - Considered life estate

In cases when, by common law, any person may become seized in fee tail of any lands or tenements, by virtue of any devise, gift, grant, or other conveyance, the person, instead of being, or becoming, seized thereof in fee tail, shall be adjudged to be, and become, seized thereof for his or her natural life only. The remainder shall pass in fee simple absolute to the person to whom the estate tail would first pass according to the course of the common law by virtue of the devise, gift, grant, or conveyance.
Rev. Stat., ch. 31, § 5; C. & M. Dig., § 1499; Pope's Dig., § 1799; A.S.A. 1947, § 50-405.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 3 - FEE TAIL (§§ 18-12-301 — 18-12-303) › Section 18-12-302 - Dissolution

(a)
(1)
Any estate which under the common law would be deemed an estate tail or a fee tail estate or any estate created by reason of a conveyance to a grantee or grantees and the heirs of his or her body or to other contingent remaindermen may be dissolved by the grantor creating such an estate and all life tenants and all of the other persons then living who might be remaindermen in event of the death of the life tenant or tenants executing a conveyance of the fee.
(2)
The conveyance shall vest in the grantee the fee simple title to the lands therein conveyed.
(b)
The method of extinguishing the estates mentioned in subsection (a) of this section shall apply equally to those estates now in existence and to those which may hereafter come into existence.
(c)
The rights and privileges provided by this section are permissive and cumulative to the rights and remedies now existing under the laws of this state.
Acts 1957, No. 163, §§ 1-3; A.S.A. 1947, §§ 50-405.1 -- 50-405.3.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 3 - FEE TAIL (§§ 18-12-301 — 18-12-303) › Section 18-12-303 - Rule in Shelley's Case abolished

(a)
(1)
The Rule in Shelley's Case is abolished and shall not be recognized by any court of this state.
(2)
This section is intended to annul the application or effect of the Rule in Shelley's Case on any instrument or interest in real property.
(b)
When any instrument prepared or executed after July 16, 2003, conveys an interest in any real property to be given to the heirs or issue of any person in words which, under the rule of construction known as the "Rule in Shelley's Case" would have operated to give to that person an interest in fee simple, those words shall operate as words of purchase and not of limitation.
Acts 2003, No. 1030, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 4 - HUSBAND AND WIFE (§§ 18-12-401 — 18-12-404) › Section 18-12-401 - Deed between spouses

(a)
A deed of conveyance of real property located in this state executed after the passage of this act by an individual to his or her spouse shall convey to the grantee named in the deed the entire interest of the grantor in the property conveyed, or the interest specified in the deed, as if the spousal relation did not exist between the parties to the deed.
(b)
(1)
All deeds of conveyance of real property in this state executed before the passage of this act by an individual to his or her spouse shall convey to the respective grantees in the deeds the full and entire interests of the respective grantors in the deeds, or the interests specified in the deeds respectively, as if the spousal relation had not existed between the parties to the deeds.
(2)
This subsection does not apply to a deed that has been construed by a court of competent jurisdiction.
(c)
The word "deed" as used in this section includes instruments of writing affecting, or purporting to affect, the title to real property, either by way of conveyance or encumbrance.
(d)
The purpose of this section is to empower an individual to contract with his or her spouse in regard to real property in the same manner and to the same effect as if the spousal relation did not exist between the parties to the deed.
Amended by Act 2019, No. 387,§ 1, eff. 7/24/2019.
Acts 1935, No. 86, §§ 1-3; Pope's Dig., §§ 1866-1868; A.S.A. 1947, §§ 50-413, 50-413n, 50-414.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 4 - HUSBAND AND WIFE (§§ 18-12-401 — 18-12-404) › Section 18-12-402 - Relinquishment of dower or curtesy in spouse's land

A married person may relinquish dower or curtesy in any of the real estate of a spouse by joining with the spouse in the deed of conveyance thereof, or by a separate instrument executed to spouse's grantee or anyone claiming title under the spouse, and acknowledging it in the manner prescribed by law.
Rev. Stat., ch. 31, § 11; Acts 1919, No. 324, § 1; C. & M. Dig., § 1506; Pope's Dig., § 1815; Acts 1981, No. 714, § 5; A.S.A. 1947, § 50-416.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 4 - HUSBAND AND WIFE (§§ 18-12-401 — 18-12-404) › Section 18-12-403 - Conveyance, etc., of homestead

No conveyance, mortgage, or other instrument affecting the homestead of any married person shall be of any validity, except for taxes, laborers' and mechanics' liens, and purchase money, unless his or her spouse joins in the execution of the instrument, or conveys by separate document, and acknowledges it.
Acts 1887, No. 64, § 1, p. 90; C. & M. Dig., § 5542; Pope's Dig., § 7181; Acts 1981, No. 714, § 4; A.S.A. 1947, § 50-415; Acts 1993, No. 1164, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 4 - HUSBAND AND WIFE (§§ 18-12-401 — 18-12-404) › Section 18-12-404 - Conveyance of interest of husband with mental illness and guardian appointed - Relinquishment of dower

In all cases under §
20-47-103
whereunder a husband is duly adjudged to be with mental illness and a guardian appointed and wherein the guardian makes a sale of the husband's interest in any of the real estate belonging to his ward, and the wife of the husband with mental illness is entitled to dower, it shall be sufficient to pass the dower interest of the wife, if she shall duly join in the petition of the guardian for the sale, and by separate instrument, duly acknowledged, convey all her interest in the lands.
Acts 1919, No. 325, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 5 - POWER OF ATTORNEY (§§ 18-12-501 — 18-12-503) › Section 18-12-501 - Acknowledgment and recording

(a)
A power of attorney, containing a power to convey real estate as agent or attorney for the owner of the real estate or to execute as agent or attorney for another person a deed or instrument in writing that conveys real estate, or whereby real estate is affected in law or equity, shall be acknowledged or proved and certified and recorded with a deed that the agent or attorney shall make as a result of the power of attorney.
(b)
A power of attorney shall be proved or acknowledged before the same courts or officers that are authorized by this act to take probate of deeds conveying real estate.
Amended by Act 2021, No. 356,§ 1, eff. 7/28/2021.
Rev. Stat., ch. 31, §§ 23, 24; C. & M. Dig., §§ 1527, 1528; Pope's Dig., §§ 1837, 1838; A.S.A. 1947, §§ 50-422, 50-423.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 5 - POWER OF ATTORNEY (§§ 18-12-501 — 18-12-503) › Section 18-12-502 - Revocation

(a)
(1)
A power of attorney, acknowledged or proved and certified as prescribed by this act, may be revoked by the maker of the power of attorney or his or her legal representatives.
(2)
The revocation shall be in writing acknowledged or proved before the proper court or officer and filed for record in the county or counties where the power of attorney was intended to operate.
(b)
A power of attorney is revoked and void from the time of filing the revocation for record.
Amended by Act 2021, No. 356,§ 2, eff. 7/28/2021.
Rev. Stat., ch. 31, § 25; C. & M. Dig., § 1529; Pope's Dig., § 1839; A.S.A. 1947, § 50-424.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 5 - POWER OF ATTORNEY (§§ 18-12-501 — 18-12-503) › Section 18-12-503 - Relinquishment of dower, curtesy, and homestead rights

(a)
By joining with his or her spouse in the execution of power of attorney, or by separate instrument, a married person may appoint an agent or attorney in fact and authorize him or her, for and in the person's name and stead, to relinquish all rights and possibility of dower, curtesy, and homestead to a spouse's grantee, lessee, or mortgagee in any lands, oil, gas, mineral, or timber and to execute for the person such relinquishment of dower, curtesy, and homestead in any oil and gas lease or assignment thereof, mineral deed, timber deed, royalty contract, mortgage, or contract for the sale of any land, timber, or minerals, or any interest therein, owned by a spouse and conveyed by the spouse to the grantee.
(b)
(1)
The act of an agent or attorney in fact, when authorized by properly executed and recorded power of attorney, in so relinquishing dower, curtesy, and homestead of a married person by joining in any deed, lease, conveyance of minerals, royalty contract, or other contract for the sale of any lands or lease of any lands for developing its minerals, or any interest therein, or the assignment of any oil and gas lease or interest therein shall be as effectual and binding as if the instrument or instruments had been executed in the first instance by the married person.
(2)
The relinquishment by the attorney in fact may be by separate instrument or by the attorney in fact joining with the spouse in the execution of one (1) or more conveyances.
Acts 1939, No. 27, § 1; 1981, No. 714, § 7; A.S.A. 1947, § 50-425.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 6 - MISCELLANEOUS CONVEYANCES (§§ 18-12-601 — 18-12-609) › Section 18-12-601 - After-acquired title

If any person shall convey any real estate by deed purporting to convey it in fee simple absolute, or any less estate, and shall not at the time of the conveyance have the legal estate in the lands, but shall afterwards acquire it, then the legal or equitable estate afterwards acquired shall immediately pass to the grantee and the conveyance shall be as valid as if the legal or equitable estate had been in the grantor at the time of the conveyance.
Rev. Stat., ch. 31, § 4; C. & M. Dig., § 1498; Pope's Dig., § 1798; A.S.A. 1947, § 50-404.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 6 - MISCELLANEOUS CONVEYANCES (§§ 18-12-601 — 18-12-609) › Section 18-12-602 - Land in adverse possession

Any person claiming title to any real estate, notwithstanding there may be an adverse possession thereof, may sell and convey his or her interest in the same manner and with like effect as if he or she were in the actual possession of the real estate.
Rev. Stat., ch. 31, § 6; C. & M. Dig., § 1500; Pope's Dig., § 1809; A.S.A. 1947, § 50-408.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 6 - MISCELLANEOUS CONVEYANCES (§§ 18-12-601 — 18-12-609) › Section 18-12-603 - Grants to two or more as tenancy in common

Every interest in real estate granted or devised to two (2) or more persons, other than executors and trustees as such, shall be in tenancy in common unless expressly declared in the grant or devise to be a joint tenancy.
Rev. Stat., ch. 31, § 9; C. & M. Dig., § 1503; Pope's Dig., § 1812; A.S.A. 1947, § 50-411.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 6 - MISCELLANEOUS CONVEYANCES (§§ 18-12-601 — 18-12-609) › Section 18-12-604 - Deed to trustee or agent

(a)
(1)
The appearance of the words "trustee", "as trustee", or "agent" following the names of the grantee in any deed of conveyance of land executed, without other language showing a trust, shall not be deemed to give notice to, or put on inquiry, any person dealing with the land that a trust or agency exists or that there are other beneficiaries of the conveyance except the grantee named therein.
(2)
The conveyance shall vest the title to the land in the grantee.
(b)
A conveyance of land by the grantee, whether followed by the words "trustee", "as trustee", or "agent" or not, shall vest title in his or her grantee free from any claims of all persons or corporations.
Acts 1919, No. 444, § 1; C. & M. Dig., § 1504; Pope's Dig., § 1813; A.S.A. 1947, § 50-412.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 6 - MISCELLANEOUS CONVEYANCES (§§ 18-12-601 — 18-12-609) › Section 18-12-605 - Deeds of administrators, executors, guardians, commissioners, and sheriffs

(a)
(1)
All deeds of conveyance made by an administrator, an executor, a guardian, or a commissioner, deeds of real estate sold under an execution made and executed by a sheriff, and deeds made and executed by a trustee or an attorney pursuant to a foreclosure of a deed of trust or mortgage, duly made and executed, acknowledged, and recorded, as now required by law and purporting to convey real estate, shall vest in the grantee and his or her heirs and assigns a good and valid title, both in law and in equity.
(2)
(A)
The deeds shall be evidence of the facts recited in the deeds and of the legality and regularity of the sale of the real estate so conveyed.
(B)
However, the deeds do not warrant title to a subsequent grantee, and any subsequent grantee may not assert or claim any warranty of title deriving from the deeds.
(b)
Nothing in this section shall prohibit a deed made under subdivision (a)(1) of this section from warranting title by express use of warranty language.
(c)
Every deed so made, executed, acknowledged, and recorded, or a certified copy of the deed, under the seal of the recorder of the proper county shall be received in evidence in any court in this state without further proof of its execution.
Acts 1853, §§ 1, 2, p. 207; C. & M. Dig., §§ 1534, 1535; Pope's Dig., §§ 1844, 1845; A.S.A. 1947, §§ 50-419, 50-420; Acts 2005, No. 1884, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 6 - MISCELLANEOUS CONVEYANCES (§§ 18-12-601 — 18-12-609) › Section 18-12-606 - Deed or patent by Governor

(a)
In all cases in which, by the laws of this state, the Governor is required to execute any deed of conveyance or patent for any lands sold or granted by the state, the deed of conveyance or patent, when executed by the Governor and countersigned by the Secretary of State, and when the seal of the state shall be affixed thereto, shall convey all the right and title of the state in and to the lands to the purchaser.
(b)
(1)
The deed may be recorded in the office of the recorder of the proper county and shall have the same effect as evidence.
(2)
A duly certified transcript of the deed or patent taken from the record thereof shall have the same effect as evidence in all the courts in this state as if the deed or patent had been acknowledged and recorded under the existing laws of this state.
Acts 1850, § 1, p. 65; C. & M. Dig., § 1533; Pope's Dig., § 1843; A.S.A. 1947, § 50-421.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 6 - MISCELLANEOUS CONVEYANCES (§§ 18-12-601 — 18-12-609) › Section 18-12-607 - Sales of real estate by defunct corporations ratified

(a)
All sales of real estate which was the property of any corporation organized under the laws of the State of Arkansas, when the corporation has expired or ceased to exist, either by limitations, judgment of court, forfeiture of its charter, legislative act, or by surrender of charter, are ratified and declared to be binding and to pass to the purchaser at the sales all the right, title, and interest the corporation has in the real estate at the time of its dissolution and to pass to the purchaser all the right, title, and interest in the State of Arkansas, as trustee, as now provided by law.
(b)
(1)
The deed of conveyance shall have been executed by the proper officers of the corporation at the time of its dissolution or, in the event of their death, absence from the state, or inability to act, the resident stockholders of the corporation shall have a right to select a president and secretary for the purpose of executing and delivering the deed of conveyance.
(2)
When so executed, the deed shall have the same force and effect as if executed by the proper officers of the corporation prior to the dissolution thereof.
Acts 1927, No. 224, § 1; Pope's Dig., § 1865; A.S.A. 1947, § 50-426.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 6 - MISCELLANEOUS CONVEYANCES (§§ 18-12-601 — 18-12-609) › Section 18-12-609 - Marketability of real property sold at tax sales

(a)
The title to any real property located within the State of Arkansas based upon a deed resulting from a delinquent tax sale is marketable if:
(1)
The tax deed has been of record for more than fifteen (15) years;
(2)
Any taxes due have been paid by the tax deed grantee or the heirs or successors of the tax deed grantee for more than fifteen (15) years;
(3)
No claim of adverse possession of the real property has been asserted or filed of record since the recording of the tax deed; and
(4)
The taxes for which the tax deed was issued had not been paid before the tax deed was executed and delivered to the tax deed grantee.
(b)
This section shall not be subject to the additional time to challenge a tax deed given to minors, persons suffering a mental incapacity, or persons serving in the United States Armed Forces during a time of war under §
26-37-203(b)
.
(c)
(1)
Nothing in this section shall preclude a judicial action to confirm a tax sale or quiet the title to any real property located within this state prior to the time that the title to the real property is considered marketable under subsection (a) of this section.
(2)
A judicial action to confirm the tax sale or quiet title to real property located in this state eliminates any additional time to redeem the real property or challenge a tax deed under §
26-37-203
or §
26-37-305
.
(d)
This section shall not apply to a tax sale of a severed mineral interest.
Amended by Act 2015, No. 683,§ 1, eff. 7/22/2015.
Acts 2005, No. 2270, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 7 - DISBURSEMENT OF FUNDS AS PART OF REAL ESTATE CLOSING AND SETTLEMENT SERVICES ACT (§§ 18-12-701 — 18-12-703) › Section 18-12-701 - Title

This subchapter shall be known and may be cited as the "Disbursement of Funds as Part of Real Estate Closing and Settlement Services Act".
Acts 1991, No. 1110, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 7 - DISBURSEMENT OF FUNDS AS PART OF REAL ESTATE CLOSING AND SETTLEMENT SERVICES ACT (§§ 18-12-701 — 18-12-703) › Section 18-12-702 - Definitions

As used in this subchapter:
(1)
"Available for immediate withdrawal as a matter of right" means the following:
(A)
For any item or draft, when the item or draft has been submitted for collection and payment received; and
(B)
For any deposited item or draft, when final settlement has occurred;
(2)
"Closing and settlement services" means those services which benefit the parties to the sale, lease, encumbrance, mortgage, or creation of a secured interest in and to real property, and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust; and
(3)
"Financial institution" means an entity that is authorized under the laws of this state, another state, or the United States of America to make loans and receive deposits and has its deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.
Acts 1991, No. 1110, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 12 - CONVEYANCES (§§ 18-12-101 — 18-12-703) › Subchapter 7 - DISBURSEMENT OF FUNDS AS PART OF REAL ESTATE CLOSING AND SETTLEMENT SERVICES ACT (§§ 18-12-701 — 18-12-703) › Section 18-12-703 - Closing and settlement services - Disbursement of funds - Penalties

(a)
(1)
No person, firm, partnership, corporation, or other entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited.
(2)
However, the person, firm, partnership, corporation, or other entity providing closing and settlement services may advance funds, not to exceed five hundred dollars ($500), on behalf of interested parties for the transaction, to pay incidental fees and charges pertaining to the closing and settlement of the transaction.
(b)
Any person, firm, partnership, corporation, or other entity who knowingly and willfully violates the provisions of this subchapter shall be guilty of a Class A misdemeanor.
(c)
In addition to the criminal penalty imposed by this section, the prosecuting attorneys of this state shall have the authority to file a petition in circuit court in any county in which a violation of the provisions of this subchapter occurred, for civil enforcement of the provisions of this subchapter by seeking an injunction prohibiting any person, firm, partnership, corporation, or other entity from disbursing funds in violation of this subchapter.
Acts 1991, No. 1110, § 1.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-101 - Title

This chapter shall be known as the "Horizontal Property Act".
Acts 1961 (1st Ex. Sess.), No. 60, § 1; A.S.A. 1947, § 50-1001.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-103 - Establishment of horizontal property regimes

Whenever a sole owner or the co-owners of a building already constructed or the owners of property upon which a building is to be constructed expressly declare, through the recordation of a master deed setting forth the particulars enumerated in §
18-13-104
, their desire to submit their property to the regime established by this chapter, there shall be established a horizontal property regime.
Acts 1961 (1st Ex. Sess.), No. 60, § 3; 1975, No. 731, § 1; A.S.A. 1947, § 50-1003.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-104 - Master deed

(a)
The master deed creating and establishing the horizontal property regime shall be executed by the owner or owners of the real property making up the regime and shall be recorded in the office of the clerk and ex officio recorder of the county where the property is located.
(b)
The master deed shall express the following particulars:
(1)
The description of the land and the building, expressing their respective areas;
(2)
The general description and number of each apartment, expressing its area, location, and any other data necessary for its identification;
(3)
The description of the general common elements of the building and, in proper cases, of the limited common elements restricted to a given number of apartments, expressing which are those apartments; and
(4)
The value of the property and of each apartment and, according to these basic values, the percentage appertaining to the co-owners in the expenses of, and rights in, the elements held in common.
Acts 1961 (1st Ex. Sess.), No. 60, § 9; A.S.A. 1947, § 50-1009.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-105 - Plans to be attached to master deed

(a)
(1)
There shall be attached to the master deed, at the time it is filed for record, a full and exact copy of the plans of any existing building on the property or the plans for the building or buildings to be constructed thereon. The copy of the plans shall be entered of record along with the master deed.
(2)
The plans shall show graphically all particulars of the building constructed or to be constructed, including, but not limited to, the dimensions, area, and location of each apartment therein and the dimensions, area, and location of common elements affording access to each apartment. Other common elements, both limited and general, shall be shown graphically, insofar as possible, and shall be described in detail in words and figures.
(3)
The plan shall be certified by an engineer or architect authorized and licensed to practice his or her profession in this state.
(b)
Each apartment in a building shall be designated, on the plans referred to in subsection (a) of this section, by letter or number or other appropriate designation.
Acts 1961 (1st Ex. Sess.), No. 60, §§ 10, 11; 1975, No. 731, § 2; A.S.A. 1947, §§ 50-1010, 50-1011.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-106 - Additional units in excess of those described in master deed

(a)
The sole owner or co-owners of property constituted and established under this chapter as a horizontal property regime may, by description of their intentions in the master deed provided for in §
18-13-104
, provide for the addition of apartments or units in the horizontal property regime in excess of those for which specific plans are initially recorded with the master deed.
(b)
With reference to any such additional buildings, the plans recorded with the master deed shall reflect:
(1)
The area of the property within which the additional apartments or units will be constructed;
(2)
The maximum and minimum number of square feet and the maximum and minimum number of additional apartments or units to be constructed;
(3)
A general description of any rights in the common elements to be enjoyed by the owners of any additional units or apartments;
(4)
The date prior to which final detailed plans for the additional units or apartments will be recorded, with the amendment to the master deed reflecting the revised information to be included in the master deed pursuant to §
18-13-104
; and
(5)
A covenant and warranty extending to each and all of the owners of individual units or apartments in the regime that any such construction would be of similar quality, in a workmanlike manner, and in the same architectural style as the original buildings in the regime and that the construction will conform, generally, with the specifications set forth in the master deed as required in §
18-13-104
.
(c)
(1)
Any property purportedly established as a horizontal property regime pursuant to this chapter and otherwise complying with it, but which at the time of the recording of the master deed called for in §
18-13-104
did not have one (1) or more completed buildings thereon or which provided for additional or future construction of one (1) or more buildings in addition to those for which plans were initially recorded with the master deed, shall for all purposes be considered and treated as a horizontal property regime in accordance with this chapter.
(2)
All mortgages thereof or conveyances thereof as such heretofore occurring shall, likewise, for all purposes be deemed as effective mortgages and conveyances of the same as against any claim that the regime was improperly established at the time thereof.
Acts 1961 (1st Ex. Sess.), No. 60, § 24; 1975, No. 731, §§ 4, 5; A.S.A. 1947, §§ 50-1024, 50-1025.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-107 - Waiver and reestablishment of regimes

(a)
All of the co-owners or the sole owner of a building or property constituted into a horizontal property regime may waive this regime and regroup or merge the records of the individual apartments, or anticipated apartments, with the principal property if the individual apartments are unencumbered or, if encumbered, if the creditors in whose behalf the encumbrances are recorded agree to accept as such security the undivided portions of the property owned by the debtors.
(b)
The merger provided for in subsection (a) of this section shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of this chapter.
Acts 1961 (1st Ex. Sess.), No. 60, §§ 12, 13; 1975, No. 731, § 3; A.S.A. 1947, §§ 50-1012, 50-1013.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-108 - Bylaws

(a)
The administration of every building constituted into horizontal property shall be governed by bylaws which shall be inserted in, or appended to, and recorded with the master deed.
(b)
The bylaws must necessarily provide for at least the following:
(1)
Form of administration, indicating whether this shall be in charge of an administrator or of a board of administration, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof;
(2)
Method of calling or summoning the co-owners to assemble, that a majority of at least fifty-one percent (51%) is required to adopt decisions, who is to preside over the meeting, and who will keep the minute book wherein the resolutions shall be recorded;
(3)
Care, upkeep, and surveillance of the building and its general or limited common elements and services;
(4)
Manner of collecting from the co-owners for the payment of the common expenses; and
(5)
Designation and dismissal of the personnel necessary for the works and the general or limited common services of the building.
(c)
(1)
A horizontal property regime may enter into a partnership with a private actor as provided by §
14-96-201
et seq. to:
(A)
Contract for, or provide, promote, and support broadband internet service through, a public-private partnership under §
14-96-201
et seq.; and
(B)
Finance public capital facilities or projects that include broadband internet service.
(2)
A horizontal property regime in existence on and after January 1, 2021, may conduct any of the activities in subdivision (c)(1) of this section using the procedures to adopt decisions under the bylaws of the horizontal property regime.
Amended by Act 2021, No. 795,§ 7, eff. 7/28/2021.
Acts 1961 (1st Ex. Sess.), No. 60, §§ 14, 15; A.S.A. 1947, §§ 50-1014, 50-1015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-109 - Modification of administration

(a)
The sole owner of the building or, if there is more than one (1), the co-owners representing two-thirds (2/3) of the total value of the building may, at any time, modify the system of administration, but each one of the particulars set forth in §
18-13-108
shall always be embodied in the bylaws.
(b)
No such modification may be operative until it is embodied in a recorded instrument, which shall be recorded in the same office and in the same manner as was the master deed and original bylaws of the horizontal property regime involved.
Acts 1961 (1st Ex. Sess.), No. 60, § 15; A.S.A. 1947, § 50-1015.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-110 - Book of receipts and expenditures - Examination

(a)
The administrator, the board of administration, or other form of administration specified in the bylaws shall keep a book with a detailed account, in chronological order, of the receipts and expenditures affecting the building and its administration and specifying the maintenance and repair expenses of the common elements and any other expenses incurred.
(b)
Both the book and the vouchers accrediting the entries made thereupon shall be available for examination by all the co-owners at convenient hours on working days that shall be set and announced for general knowledge.
Acts 1961 (1st Ex. Sess.), No. 60, § 16; A.S.A. 1947, § 50-1016.
Arkansas Code of 1987 (2023) › Title 18 - PROPERTY (§§ 18-1-101 — 18-61-106) › Subtitle 2 - REAL PROPERTY (§§ 18-11-101 — 18-17-913) › Chapter 13 - HORIZONTAL PROPERTY ACT (§§ 18-13-101 — 18-13-120) › Section 18-13-111 - Status of individual units

Once the property is submitted to the horizontal property regime, an apartment in the building may be individually conveyed and encumbered and may be the subject of ownership, possession, or sale and of all types of juridic acts intervivos or causa mortis as if it were sole and entirely independent of the other apartments in the building of which it forms a part, and the corresponding individual titles and interests shall be recordable.
Acts 1961 (1st Ex. Sess.), No. 60, § 4; A.S.A. 1947, § 50-1004.