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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 2 - PROPERTY OF RELIGIOUS SOCIETIES (§§ 18-11-201 — 18-11-202) › Section 18-11-201 - Trustees to hold in perpetual succession

All lands and tenements, not exceeding forty (40) acres, that have been, or hereafter may be, conveyed by purchase to any person as trustee in trust for the use of any religious society within this state, either for a meeting house, burying ground, campground, or residence for their preacher, shall descend with the improvements and appurtenances in perpetual succession in trust to the trustee or trustees as shall, from time to time, be elected or appointed by any religious society, according to the rules and regulations of the society.
Rev. Stat., ch. 125, § 1; C. & M. Dig., § 8637; Pope's Dig., § 11368; A.S.A. 1947, § 50-201.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 2 - PROPERTY OF RELIGIOUS SOCIETIES (§§ 18-11-201 — 18-11-202) › Section 18-11-202 - Authority of trustees

The trustee or trustees of any religious society shall have the same power to defend and prosecute suits at law or in equity and do all other acts for the protection, improvement, and preservation of trust property as individuals may do in relation to their individual property.
Rev. Stat., ch. 125, § 2; C. & M. Dig., § 8638; Pope's Dig., § 11369; A.S.A. 1947, § 50-202.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 3 - RECREATIONAL USES - OWNER'S LIABILITY (§§ 18-11-301 — 18-11-307) › Section 18-11-301 - Purpose

The purpose of this subchapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
Acts 1965, No. 51, § 1; A.S.A. 1947, § 50-1101.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 3 - RECREATIONAL USES - OWNER'S LIABILITY (§§ 18-11-301 — 18-11-307) › Section 18-11-302 - Definitions

As used in this subchapter:
(1)
"Aviation" means taking off, flying, or landing an airplane or aircraft;
(2)
"Charge" means an admission fee for permission to go upon or use the land, but does not include:
(A)
The sharing of game, fish, or other products of recreational use; or
(B)
Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use;
(3)
"Land" means land, roads, water, watercourses, airstrips, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(4)
(A)
"Malicious" means an intentional act of misconduct that the actor is aware is likely to result in harm.
(B)
"Malicious" does not mean negligent or reckless conduct;
(5)
"Owner" means the possessor of a fee interest, a tenant, lessee, holder of a conservation easement as defined in §
15-20-402
, occupant, or person in control of the premises;
(6)
"Public" and "person" includes the Young Men's Christian Association, Young Women's Christian Association, Boy Scouts of America, Girl Scouts of the United States of America, Boys and Girls Clubs of America, churches, religious organizations, fraternal organizations, and other similar organizations; and
(7)
"Recreational purpose" includes, but is not limited to, any of the following or any combination thereof:
(A)
Hunting;
(B)
Fishing;
(C)
Swimming;
(D)
Boating;
(E)
Camping;
(F)
Picnicking;
(G)
Hiking;
(H)
Pleasure driving;
(I)
Nature study;
(J)
Water skiing;
(K)
Winter sports;
(L)
Spelunking;
(M)
Aviation;
(N)
Viewing or enjoying historical, archeological, scenic, or scientific sites; and
(O)
Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.
Amended by Act 2015, No. 1112,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 84,§ 1, eff. 8/16/2013.
Acts 1965, No. 51, § 2; 1983, No. 168, §§ 1, 2; 1985, No. 959, § 1; A.S.A. 1947, § 50-1102; Acts 1991, No. 485, § 1; 2007, No. 677, § 1.
See Act 2015, No. 1112, § 2.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 3 - RECREATIONAL USES - OWNER'S LIABILITY (§§ 18-11-301 — 18-11-307) › Section 18-11-303 - Construction

Nothing in this subchapter shall be construed to:
(1)
Create a duty of care or ground of liability for injury to persons or property; or
(2)
Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of this subchapter to exercise care in his or her use of the land and in his or her activities thereon or relieve any person from the legal consequences of failure to employ such care.
Acts 1965, No. 51, § 7; A.S.A. 1947, § 50-1107.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 3 - RECREATIONAL USES - OWNER'S LIABILITY (§§ 18-11-301 — 18-11-307) › Section 18-11-304 - Duty of care

Except as specifically recognized by or provided in §
18-11-307
, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.
Acts 1965, No. 51, § 3; A.S.A. 1947, § 50-1103.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 3 - RECREATIONAL USES - OWNER'S LIABILITY (§§ 18-11-301 — 18-11-307) › Section 18-11-305 - Owner's immunity from liability

Except as specifically recognized by or provided in §
18-11-307
, an owner of land who, either directly or indirectly, invites or permits without charge any person to use his or her property for recreational purposes does not thereby:
(1)
Extend any assurance that the lands or premises are safe for any purpose;
(2)
Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3)
Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons; or
(4)
Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land.
Acts 1965, No. 51, § 4; 1983, No. 168, § 3; A.S.A. 1947, § 50-1104.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 3 - RECREATIONAL USES - OWNER'S LIABILITY (§§ 18-11-301 — 18-11-307) › Section 18-11-306 - Land leased to state or political subdivision - Conservation easement

Unless otherwise agreed in writing, the provisions of §§
18-11-304
and
18-11-305
are applicable to the duties and liability of:
(1)
An owner of land leased to the state or a political subdivision of the state for recreational purposes;
(2)
An owner of an interest in the real property burdened by a conservation easement as defined in §
15-20-402
; or
(3)
A holder of a conservation easement as defined in §
15-20-402
.
Acts 1965, No. 51, § 5; A.S.A. 1947, § 50-1105; Acts 2007, No. 677, § 2.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 3 - RECREATIONAL USES - OWNER'S LIABILITY (§§ 18-11-301 — 18-11-307) › Section 18-11-307 - Exceptions to owner's immunity

Nothing in this subchapter limits in any way liability which otherwise exists:
(1)
For malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous; and
(2)
For injury suffered in any case in which the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state, a subdivision thereof, or to a third person, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.
Acts 1965, No. 51, § 6; 1983, No. 168, § 4; A.S.A. 1947, § 50-1106.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 4 - POSTED LAND (§§ 18-11-401 — 18-11-406) › Section 18-11-401 - Purpose

It is the intent and purpose of this subchapter to clarify the posting law of this state. However, this subchapter does not set forth the exclusive method by which a property owner or lessee may notify persons to not enter or remain upon their property, nor does this subchapter repeal or modify §
18-11-301
et seq., which limits the liability of landowners to persons gratuitously utilizing their property for recreational purposes, nor does this subchapter repeal or modify §
5-39-203
which is the provision of the Arkansas Criminal Code relating to trespass.
Acts 1989, No. 35, § 7.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 4 - POSTED LAND (§§ 18-11-401 — 18-11-406) › Section 18-11-402 - Definition

For the purposes of this subchapter, the term "recreational purposes" includes, but is not limited to, any of the following, or any combination thereof:
(1)
Hunting;
(2)
Fishing;
(3)
Trapping;
(4)
Swimming;
(5)
Boating;
(6)
Camping;
(7)
Picnicking;
(8)
Hiking;
(9)
Pleasure driving;
(10)
Nature study;
(11)
Water skiing;
(12)
Winter sports; and
(13)
Viewing or enjoying historical, archeological, scenic, or scientific sites.
Acts 1989, No. 35, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 4 - POSTED LAND (§§ 18-11-401 — 18-11-406) › Section 18-11-403 - Unlawful entry upon land - Penalty

(a)
(1)
No person shall enter for recreational purposes upon real property posted pursuant to this subchapter without written permission of the owner or lessee of the real property.
(2)
It shall be unlawful for any person to enter upon any real property posted under the provisions of this subchapter without the written consent of the owner or lessee of the real property.
(3)
(A)
If land posted pursuant to this subchapter becomes flooded above the ordinary high watermark but the signs or paint marks are still visible, it is unlawful for any person to enter within the boundaries of the posted area without the written consent of the owner or lessee of the real property.
(B)
For purposes of subdivision (a)(3)(A) of this section, "ordinary high watermark" means the line delimiting the bed of a stream from its bank, i.e., that line at which the presence of water is continued for such length of time as to mark upon the soil and vegetation a distinct character.
(4)
However, it shall be an affirmative defense to prosecution under this subchapter that:
(A)
Consent was given by a person holding himself or herself out to be the owner, lessee, or agent of the owner or lessee of the property;
(B)
The person was a guest or invitee;
(C)
The person was required to enter upon the premises for business reasons or for health or safety reasons; or
(D)
The person was authorized by law to enter upon land.
(b)
This section shall not apply to a law enforcement officer in the line of duty.
(c)
Any person who knowingly enters the real property without written consent shall be guilty of a Class B misdemeanor.
Acts 1989, No. 35, §§ 2, 6; 1997, No. 806, § 1; 1999, No. 1029, § 8.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 4 - POSTED LAND (§§ 18-11-401 — 18-11-406) › Section 18-11-404 - Methods of posting - Forest lands

The owner or lessee of any forest land may post the land by any of the following methods:
(1)
(A)
By placing signs around the boundaries of the property at points no more than one hundred feet (100') apart and at each point of entry.
(B)
The signs shall bear the words "posted" or "no trespassing", or both, in letters at least four inches (4") high and shall be so placed as to be readily visible to any person approaching the property;
(2)
(A)
By placing identifying paint marks on trees or posts around the area to be posted.
(B)
Each paint mark shall be a vertical line of at least eight inches (8") in length and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high.
(C)
Such paint marks shall be placed no more than one hundred feet (100') apart and shall be readily visible to any person approaching the property.
(D)
(i)
The type and color of the paint to be used for posting shall be prescribed by rule by the Arkansas Forestry Commission.
(ii)
The commission shall not select a color that is presently being used by the timber industry in Arkansas to mark land lines or property lines; or
(3)
By enclosing the property with a fence sufficient under §
2-39-101
et seq.
Amended by Act 2019, No. 315,§ 1683, eff. 7/24/2019.
Acts 1989, No. 35, § 3; 1999, No. 1029, § 9.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 4 - POSTED LAND (§§ 18-11-401 — 18-11-406) › Section 18-11-405 - Methods of posting - Property other than forest

The owner or lessee of any real property other than forest land, including cultivated land, orchards, pasture land, impoundments, or other real property, may post such real property by any of the following methods:
(1)
(A)
By placing signs around the boundaries of the property at points no more than one thousand feet (1,000') apart and at each point of entry.
(B)
The signs shall bear the words "posted" or "no trespassing", or both, in letters at least four inches (4") high and shall be so placed as to be readily visible to any person approaching the property;
(2)
(A)
By placing identifying paint marks on posts around the area to be posted.
(B)
Each paint mark shall be a vertical line of at least eight inches (8") in length, and the bottom of the mark shall be no less than three feet (3') nor more than five feet (5') high.
(C)
Such paint marks shall be placed no more than one thousand feet (1,000') apart and at each point of entry and shall be readily visible to any person approaching the property.
(D)
(i)
The type and color of the paint to be used for posting shall be prescribed by rule by the Arkansas Forestry Commission.
(ii)
The commission shall not select a color that is presently being used by the timber industry in Arkansas to mark land lines or property lines; or
(3)
By enclosing the property with a fence sufficient under §
2-39-101
et seq.
Amended by Act 2019, No. 315,§ 1684, eff. 7/24/2019.
Acts 1989, No. 35, § 3; 1999, No. 1029, § 10.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 4 - POSTED LAND (§§ 18-11-401 — 18-11-406) › Section 18-11-406 - Color of paint - Unlawful posting - Exception

(a)
(1)
The color of paint prescribed by the Arkansas Forestry Commission for posting purposes shall not be used on trees or posts for any other purpose.
(2)
Any person who knowingly paints such color on any tree or post for any purpose other than posting real property pursuant to this subchapter shall be guilty of a Class B misdemeanor.
(b)
(1)
It shall be unlawful for any person to post any lands which the person does not own or lease except with the written permission of the owner or lessee.
(2)
Any person violating this section shall be guilty of a Class B misdemeanor.
Acts 1989, No. 35, §§ 4, 5; 2011, No. 271, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 5 - RESIDENTIAL RESTRICTIVE COVENANTS (§§ 18-11-501 — 18-11-503) › Section 18-11-501 - Discretionary enforcement of residential restrictive covenants

Circuit judges are authorized to exercise their discretion to balance the equities between or among parties when considering whether to award injunctions or damages in cases involving encroachment of interior setback lines in residential subdivision restrictive covenants.
Acts 1999, No. 1380, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 5 - RESIDENTIAL RESTRICTIVE COVENANTS (§§ 18-11-501 — 18-11-503) › Section 18-11-502 - Attorney's fees

If the trial judge makes a finding that the violation of an interior setback restriction is de minimis, no attorney's fees shall be awarded to any party seeking to enforce the setback restriction.
Acts 1999, No. 1380, § 2.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 5 - RESIDENTIAL RESTRICTIVE COVENANTS (§§ 18-11-501 — 18-11-503) › Section 18-11-503 - Applicability of subchapter

The provisions of this subchapter shall apply to cases currently pending in the courts of Arkansas as well as those filed subsequent to April 13, 1999.
Acts 1999, No. 1380, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 6 - MUNICIPAL WATER SUPPLY PURPOSES - OWNER'S IMMUNITY (§§ 18-11-601 — 18-11-607) › Section 18-11-601 - Purpose

The purpose of this subchapter is to encourage owners of land to make land and water areas available to municipal governments for municipal water supply purposes by limiting the liability of landowners toward persons entering on the land and water areas.
Acts 2005, No. 1977, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 6 - MUNICIPAL WATER SUPPLY PURPOSES - OWNER'S IMMUNITY (§§ 18-11-601 — 18-11-607) › Section 18-11-602 - Definitions

As used in this subchapter:
(1)
"Land" means real property, roads, water, watercourses, private ways, and buildings, structures, and machinery or equipment when attached to the real property;
(2)
"Municipal water supply purpose" includes, but is not imited to, any of the following, separately or in any combination:
(A)
Construction or maintenance of a water intake structure;
(B)
Maintenance of a water intake source;
(C)
Research concerning a water intake source or structure; and
(D)
Other activity associated with a water intake source or structure; and
(3)
"Owner" means the possessor of a fee interest or a tenant, lessee, occupant, or person in control of the land.
Acts 2005, No. 1977, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 6 - MUNICIPAL WATER SUPPLY PURPOSES - OWNER'S IMMUNITY (§§ 18-11-601 — 18-11-607) › Section 18-11-603 - Construction

Nothing in this subchapter shall be construed to:
(1)
Create a duty of care or a basis for liability for injury to persons or property; or
(2)
Relieve any person using the land of another for a municipal water supply purpose from any obligation that he or she may have in the absence of this subchapter to exercise care in his or her use of the land and in his or her activities on the land or relieve any person from the legal consequences of failure to employ such care.
Acts 2005, No. 1977, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 6 - MUNICIPAL WATER SUPPLY PURPOSES - OWNER'S IMMUNITY (§§ 18-11-601 — 18-11-607) › Section 18-11-604 - Duty of care

Except as specifically provided in §
18-11-607
, an owner owes no duty of care to:
(1)
Keep his or her land safe for entry or use by another for a municipal water supply purpose; or
(2)
Give any warning of a dangerous condition, use, structure, or activity on his or her land to a person entering for a municipal water supply purpose.
Acts 2005, No. 1977, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 6 - MUNICIPAL WATER SUPPLY PURPOSES - OWNER'S IMMUNITY (§§ 18-11-601 — 18-11-607) › Section 18-11-605 - Owner's immunity from liability

Except as specifically provided in §
18-11-607
, an owner who, either directly or indirectly, invites or permits any person to use his or her land for a municipal water supply purpose does not:
(1)
Extend any assurance that the land is safe for any purpose;
(2)
Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3)
Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of the person; or
(4)
Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land.
Acts 2005, No. 1977, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 6 - MUNICIPAL WATER SUPPLY PURPOSES - OWNER'S IMMUNITY (§§ 18-11-601 — 18-11-607) › Section 18-11-606 - Land leased to municipality

Unless otherwise agreed to in writing, the provisions of §§
18-11-604
and
18-11-605
shall be deemed the sole source of the duties and liability of an owner who leased or otherwise provided land to a municipality for a municipal water supply purpose.
Acts 2005, No. 1977, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 6 - MUNICIPAL WATER SUPPLY PURPOSES - OWNER'S IMMUNITY (§§ 18-11-601 — 18-11-607) › Section 18-11-607 - Exceptions to owner's immunity

Nothing in this subchapter limits in any way liability that otherwise exists for malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous.
Acts 2005, No. 1977, § 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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-701 - Short title

This subchapter may be cited as the Uniform Easement Relocation Act.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-703 - Scope - Exclusions

(a)
Except as otherwise provided in subsection (b), this subchapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method.
(b)
This subchapter may not be used to relocate:
(1)
a public-utility easement, telecommunications easement, conservation easement, or negative easement;
(2)
an easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public-utility easement, telecommunications easement, or an easement appurtenant to a conservation easement;
(3)
An easement used by the State Highway Commission for highway purposes; or
(4)
An easement or right-of-way held by a public entity.
(c)
This subchapter does not apply to relocation of an easement by consent.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-704 - Right of servient estate owner to relocate easement

A servient estate owner may relocate an easement under this subchapter only if the relocation does not materially:
(1)
lessen the utility of the easement;
(2)
after the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;
(3)
impair an affirmative, easement-related purpose for which the easement was created;
(4)
during or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement;
(5)
during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;
(6)
impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; or
(7)
impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate, impair a real-property interest of a lessee of record in the dominant estate, or impair a recorded real-property interest of any other person in the servient estate or dominant estate.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-705 - Commencement of civil action

(a)
To obtain an order to relocate an easement under this subchapter, a servient estate owner must commence a civil action.
(b)
A servient estate owner that commences a civil action under subsection (a):
(1)
shall serve a summons and petition on:
(A)
the easement holder whose easement is the subject of the relocation;
(B)
a security-interest holder of record of an interest in the servient estate or dominant estate;
(C)
a lessee of record of an interest in the dominant estate; and
(D)
except as otherwise provided in paragraph (2), any other owner of a recorded real-property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and
(2)
is not required to serve a summons and petition on the owner of a recorded real-property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development.
(c)
A petition under this section must state:
(1)
the intent of the servient estate owner to seek the relocation;
(2)
the nature, extent, and anticipated dates of commencement and completion of the proposed relocation;
(3)
the current and proposed locations of the easement;
(4)
the reason the easement is eligible for relocation under §
18-11-703
;
(5)
the reason the proposed relocation satisfies the conditions for relocation under §
18-11-704
; and
(6)
that the servient estate owner has made a reasonable attempt to notify the holders of any public-utility easement, telecommunications easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation.
(d)
At any time before the court renders a final order in an action under subsection (a), a person served under subsection (b)(1)(B), (C), or (D) may file a document, in recordable form, that waives its rights to contest or obtain relief in connection with the relocation or subordinates its interests to the relocation. On filing of the document, the court may order that the person is not required to answer or participate further in the action.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-706 - Required findings - Order

(a)
The court may not approve relocation of an easement under this subchapter unless the servient estate owner:
(1)
establishes that the easement is eligible for relocation under §
18-11-703
; and
(2)
satisfies the conditions for relocation under §
18-11-704
.
(b)
An order under this subchapter approving relocation of an easement must:
(1)
state that the order is issued in accordance with this subchapter;
(2)
recite the recording data of the instrument creating the easement, if any, and any amendments;
(3)
identify the immediately preceding location of the easement;
(4)
describe in a legally sufficient manner the new location of the easement;
(5)
describe mitigation required of the servient estate owner during relocation;
(6)
refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(7)
specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(8)
include a provision for payment by the servient estate owner of expenses under §
18-11-707
;
(9)
include a provision for compliance by the parties with the obligation of good faith under §
18-11-708
; and
(10)
instruct the servient estate owner to record an affidavit, if required under §
18-11-709(a)
, when the servient estate owner substantially completes relocation.
(c)
An order under subsection (b) may include any other provision consistent with this subchapter for the fair and equitable relocation of the easement.
(d)
Before a servient estate owner proceeds with relocation of an easement under this subchapter, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (b).
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-707 - Expenses of relocation

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this subchapter, including the expense of:
(1)
constructing improvements on the servient estate or dominant estate in accordance with an order under §
18-11-706
;
(2)
during the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;
(3)
obtaining a governmental approval or permit to relocate the easement and construct necessary improvements;
(4)
preparing and recording the certified copy required by §
18-11-706(d)
and any other document required to be recorded;
(5)
any title work required to complete the relocation or required by a party to the civil action as a result of the relocation;
(6)
applicable premiums for title insurance related to the relocation;
(7)
any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under §
18-11-706(b)(6)
;
(8)
payment of any maintenance cost associated with the relocated easement which is greater than the maintenance cost associated with the easement before relocation; and
(9)
obtaining any third-party consent required to relocate the easement.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-708 - Duty to act in good faith

After the court, under §
18-11-706
, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this subchapter.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-709 - Relocation affidavit

(a)
If an order under §
18-11-706
requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall:
(1)
record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and
(2)
send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action.
(b)
Until an affidavit under subsection (a) is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under §
18-11-706
approving relocation.
(c)
If an order under §
18-11-706
does not require an improvement to be constructed as a condition of the relocation, recording the order under §
18-11-706(d)
constitutes relocation.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-710 - Limited effect of relocation

(a)
Relocation of an easement under this subchapter:
(1)
is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;
(2)
is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this subchapter;
(3)
is not a breach or default of a lease, except as otherwise determined by a court under law other than this subchapter;
(4)
is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this subchapter;
(5)
does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and
(6)
is not a fraudulent conveyance or voidable transaction under law.
(b)
This subchapter does not affect any other method of relocating an easement permitted under law of this state other than this subchapter.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-711 - Non-waiver

The right of a servient estate owner to relocate an easement under this subchapter may not be waived, excluded, or restricted by agreement even if:
(1)
the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this subchapter;
(2)
the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or
(3)
the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-712 - Uniformity of application and construction

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-713 - Relation to Electronic Signatures in Global and National Commerce Act

This subchapter modifies, limits, or supersedes the Electronic Signatures in Global National Commerce Act,
15 U.S.C. Section 7001
et seq., but does not modify, limit, or supersede Section 101(c) of that act,
15 U.S.C. Section 7001(c)
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 7 - UNIFORM EASEMENT RELOCATION ACT (§§ 18-11-701 — 18-11-715) › Section 18-11-714 - Transitional provision

This subchapter applies to an easement created before, on, or after August 1, 2023.
Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 8 - FOREIGN OWNERSHIP OF AGRICULTURAL LAND (§§ 18-11-801 — 18-11-805) › Section 18-11-801 - Purpose

Under §
2-4-101
, "It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest lands and other facilities for the production of food, fiber, and other agricultural and silvicultural products".
Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 8 - FOREIGN OWNERSHIP OF AGRICULTURAL LAND (§§ 18-11-801 — 18-11-805) › Section 18-11-803 - Limitations on owning agricultural land - Violation

(a)
(1)
Except as provided in §
18-11-804
, a prohibited foreign party shall not acquire by grant, purchase, devise, descent, or otherwise any interest in agricultural land in this state regardless of whether the prohibited foreign party intends to use the agricultural land for nonfarming purposes.
(2)
A party may not hold agricultural land as an agent, trustee, or other fiduciary for a prohibited foreign party in violation of this subchapter.
(b)
A prohibited foreign party that acquires agricultural land in violation of this subchapter remains in violation as long as the prohibited foreign party holds an interest in the agricultural land.
Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.
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 11 - REAL PROPERTY INTERESTS GENERALLY (§§ 18-11-101 — 18-11-805) › Subchapter 8 - FOREIGN OWNERSHIP OF AGRICULTURAL LAND (§§ 18-11-801 — 18-11-805) › Section 18-11-805 - Office of Agricultural Intelligence - Creation - Duties

(a)
There is created within the Department of Agriculture the Office of Agricultural Intelligence.
(b)
The office is authorized and directed to:
(1)
Collect and analyze information concerning the unlawful sale or possession of agricultural land by prohibited foreign parties; and
(2)
Administer and enforce the provisions of this subchapter, including without limitation the reporting of a violation of this subchapter to the Attorney General under §
18-11-804(c)
.
(c)
The Secretary of the Department of Agriculture may designate employees of the department who meet the requirements of §
25-38-203(a)(12)
to perform the duties of the office under subsection (b) of this section.
(d)
The office shall operate under the direction of the secretary.
Added by Act 2023, No. 636,§ 3, eff. 8/1/2023.
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 18-12-101 - Definition and applicability

(a)
The term "real estate" as used in this act shall be construed as co-extensive in meaning with "lands, tenements, and hereditaments" and as embracing all chattels real.
(b)
This act shall not be construed so as to embrace last wills and testaments.
Rev. Stat., ch. 31, §§ 7, 8; C. & M. Dig., §§ 1501, 1502; Pope's Dig., §§ 1810, 1811; A.S.A. 1947, §§ 50-409, 50-410.
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 18-12-102 - Transfer by deed - Warranty

(a)
All lands, tenements, and hereditaments may be aliened and possession thereof transferred by deed without livery of seizin.
(b)
The words, "grant, bargain and sell" shall be an express covenant to the grantee, his or her heirs, and assigns that the grantor is seized of an indefeasible estate in fee simple, free from encumbrance done or suffered from the grantor, except rents or services that may be expressly reserved by the deed, as also for the quiet enjoyment thereof against the grantor, his or her heirs, and assigns and from the claim and demand of all other persons whatever, unless limited by express words in the deed.
(c)
The grantee, his or her heirs, or assigns, may, in any action, assign breaches as if such covenants were expressly inserted.
(d)
As between the grantor and grantee, neither the statutory nor general express covenant of warranty against encumbrances shall be held to cover any taxes or assessments of any improvement district of any kind, whether formed under general statutes authorizing the assessment of lands for local improvements of any kind or whether the improvement district is formed by public or private act of the General Assembly. The lien for any such local assessment or tax shall run with the land and be assumed by the grantee, and the grantee shall pay any and all installments of the tax or assessment becoming due after the execution and delivery of the deed, unless otherwise expressly provided.
Rev. Stat., ch. 31, §§ 1, 2; Acts 1917, No. 332, § 1, p. 1671; C. & M. Dig., §§ 1495, 1496; Pope's Dig., §§ 1795, 1796; A.S.A. 1947, §§ 50-401, 50-402.
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 18-12-103 - Restrictive covenants - Definition

(a)
As used in this section, "restrictive covenant" means a restriction on the use or development of real property regardless of whether the restriction is created by a covenant in a deed or bill of assurance, or by any other instrument.
(b)
An instrument creating a restrictive covenant is not effective to restrict the use or development of real property unless the instrument purporting to restrict the use or development of the real property is executed by the owners of the real property and recorded in the office of the recorder of the county in which the property is located.
(c)
If the instrument creating a restrictive covenant contains separate sections stating the duration of the covenant and the requirements for amending the covenant, the section or sections stating the duration of the covenant shall be read independently of the section or sections stating the requirements for amending the covenant so that the duration of the covenant does not limit the ability to amend a restrictive covenant at any time.
Acts 1965, No. 395, § 1; A.S.A. 1947, § 50-427; Acts 2011, No. 185, § 2.
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 18-12-104 - Execution of deeds

Deeds and instruments of writing for the conveyance of real estate shall be executed in the presence of two (2) disinterested witnesses or, in default thereof, shall be acknowledged by the grantor in the presence of two (2) such witnesses, who shall then subscribe the deed or instrument in writing for the conveyance of the real estate. When the witnesses do not subscribe the deed or instrument of writing as described in this section at the time of the execution thereof, the date of their subscribing it shall be stated with their signatures.
Rev. Stat., ch. 31, § 12; C. & M. Dig., § 1515; Pope's Dig., § 1824; A.S.A. 1947, § 50-417.
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 18-12-105 - Estate of fee simple presumed

The term "heirs", or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, but all deeds shall be construed to convey a complete estate of inheritance in fee simple unless expressly limited by appropriate words in the deed.
Rev. Stat., ch. 31, § 3; C. & M. Dig., § 1497; Pope's Dig., § 1797; A.S.A. 1947, § 50-403.