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Miscellaneous Liens on Personal Property

Ark. Code Ann. tit. 18, ch. 48
in effect

Ark. Code Ann. § 18-48-101 Lien of livery stable keepers.

(a) All keepers of livery, sale, or feed stables, or wagonyards shall have a lien on all horses, mules, or other stock or property left in their charge to be kept, fed, sold, or otherwise cared for and sheltered for all their reasonable costs and charges for feeding, keeping, and otherwise taking care of them. (b) For this lien, stable or wagonyard keepers are authorized to keep possession of any of the property mentioned in subsection (a) of this section until such reasonable charges are paid or tendered to them or their agents by the owner of the property or his or her agents. (c) In case any such property shall be left with a stable or wagonyard keeper, and not be called for by the owner thereof, and the charges and costs paid thereon to the keeper before the charges and costs shall amount to the value thereof, and the cost of selling the property as provided in § 18-48-102, it shall be lawful for the stable or wagonyard keeper to sell the property in the manner prescribed in § 18-48-102.

Ark. Code Ann. § 18-48-102 Sale of property on behalf of livery stable keeper.

(a)(1) Whenever any person shall leave or deposit with any keeper of a livery, sale, or feed stable or wagonyard any horses, mules, or other stock or property and shall neglect or refuse to call for them and pay the reasonable charges and costs thereon to the keeper of the stable or yard before the charges and costs shall amount to the value of the property at public sale, the stable or wagonyard keeper may have the property sold at public sale. (2)(A) The keeper must first give the owner thirty (30) days' actual or constructive notice of the sale, specifying the day, the hour thereof, and place of the sale. (B) Notice shall be published in any newspaper published in the county in which the stable or yard may be situated in which legal notices are authorized to be published. (b) Out of the proceeds of the sale there shall be paid: (1) The costs and expenses of the sale; (2) The amount due the stable or yard keeper for keeping and feeding the stock; and (3) The balance, if any, to be held by the keeper for the use and subject to the order of the owner of the property so sold. (c) All sales of property under this subchapter shall be made by a public and licensed auctioneer if there is one in the town or city where the sale is made and, if none, then by a constable of the township in which the stable or yard is situated.

Ark. Code Ann. § 18-48-201 Definitions.

As used in this subchapter: (1)(A) “Circuit clerk” means the office in the county where records of deeds and mortgages are kept. (B) In counties with more than one (1) county seat, it means the office where records of deeds are filed relating to the larger portion of the land where the livestock is kept; (2) “Lienholder” means any person who holds a lien upon livestock by virtue of a valid conditional sale contract, chattel mortgage, or other encumbrance; (3) “Livestock” means any horses, mules, cattle, sheep, or hogs, and their increase, but shall not be limited solely to those animals specifically named; (4) “Owner” means any person who has title to livestock, either legal or equitable; (5) “Person” means any individual, firm, or corporation, including copartnerships, trusts, associations, and similar legal entities, and duly authorized agents of the person; and (6)(A) “Written contracts” means any original impression or copies duly signed by the owners and the person tending or agreeing to tend the livestock. (B) No acknowledgment is required in order for written contracts or for written notice or written protest to be subject to being filed in the clerk's office under the provisions of this subchapter.

Ark. Code Ann. § 18-48-203 Filing of written contracts for tending of livestock.

(a)(1) All written contracts or copies of them, duly certified by a notary public as true and correct, shall be filed in the office of the circuit clerk of the county where the owners, or either of them, reside, if they reside in Arkansas, and also in the office of the circuit clerk of the county where the livestock is being fed, herded, pastured, kept, or ranched. (2) If none of the owners reside in Arkansas, the written contract of owners, or copy of it as previously described, shall be filed in the office of the circuit clerk or, if there is no circuit clerk, in the office of the registrar of deeds in the county where the owners, or either of them, reside. (b) The fee to the clerk for filing shall be fifty cents (50¢). (c) The clerk shall list the liens in a separate book kept for “Agistor Liens”. It is not necessary for the clerk to record these contracts, but the clerk will retain them in his or her office. (d) The lien shall be effective only when these provisions have been complied with and from the date when the last contract is filed.

Ark. Code Ann. § 18-48-204 Recording, etc., of liens by third parties.

(a) Holders of conditional sale contracts shall not be required to record their contracts. (b) Holders of chattel mortgages and other claimants of liens upon livestock must comply with laws relating to recording, filing, and otherwise required as notice to bona fide third parties before they are entitled to receive the notices mentioned in § 18-48-211 relating to lienholders.

Ark. Code Ann. § 18-48-205 Priority of liens.

(a)(1) The lien provided in this subchapter shall be first and prior to that of any conditional sale contract, recorded or filed chattel mortgage, or other encumbrance that is executed after March 27, 1957, if the person feeding, herding, pasturing, keeping, or ranching the livestock complies with the provisions of § 18-48-203 and if the person also notifies the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance about the existence of the written contract by the sheriff serving a written notice upon the lienholder, or by mailing a written notice to the lienholder by registered or certified mail, return receipt requested, that this person has entered into a written contract with the owners of the livestock to feed, herd, pasture, keep, or ranch them. (2) This written notice shall advise the lienholder briefly of the substance of the written contract and that a lien is claimed under this subchapter. (b)(1) The conditional sale vendor, mortgagee, or other lienholder of the livestock, if his or her lien is prior in time to that of the lien claimed under this section, may retain priority, either by having the sheriff serve a written protest upon the person claiming the lien under this subchapter, by mailing to the person a written protest by registered or certified mail, return receipt requested, or by filing the written protest in the office of the circuit clerk of the county where it is proposed that the livestock will be fed, herded, pastured, kept, or ranched. (2) This written protest must be delivered to the person, mailed to the person, or filed in the clerk's office within a period of fifteen (15) days from the date that the lienholder received notice of the existence of the contract. Otherwise, the lien provided for in this subchapter shall have full and complete priority over the lien claimed by the holder of the conditional sale contract, recorded or filed chattel mortgage, or other encumbrance. (c) The circuit clerk shall be entitled to fifty cents (50¢) for filing this written protest, and it shall be a legal debt of the person claiming the lien under this section even though the fifty cents (50¢) is paid in the first instance by the conditional sale vendor, mortgagee, or other holder of encumbrance. (d) The holder of the conditional sale contract, chattel mortgage, or other encumbrance will not be bound by any extensions of time as provided for in the original contract, or for any other modifications of the contract, unless the lienholder consents in writing to it.

Ark. Code Ann. § 18-48-206 Lien of livestock tender — Amount.

(a) Any person to whom horses, mules, cattle, sheep, hogs, or other livestock shall be entrusted by their owners or their agent for the purpose of feeding, herding, pasturing, keeping, or ranching shall have a lien upon the horses, mules, cattle, sheep, hogs, or other livestock for the amount that may be due for feeding, herding, pasturing, keeping, or ranching, and for all costs incurred in enforcing the lien, including a reasonable sum for attorney's fees. (b) The amount that may be due shall either be the specific sum or the share of the livestock set by written contract or, if no specific sum or share is agreed upon, a reasonable sum for the services.

Ark. Code Ann. § 18-48-207 Possession of livestock by tender.

When the lien becomes effective, the person tending livestock shall be entitled to retain possession of the livestock until payment in full has been made for the feeding, herding, pasturing, keeping, or ranching.

Ark. Code Ann. § 18-48-208 Delivery of animals as waiver of lien — Exception.

(a) The voluntary delivery to the owners or lienholders of all livestock tended by a person tending them under this subchapter shall be held to waive or abandon the lien. (b) However, the holder of the lien under this subchapter may allow the owners of the livestock, or lienholders, to transport them to market for sale in the joint names of the holder of the lien and of the owners of the livestock, or of the lienholders, and in that event the lien provided in this subchapter shall not be waived or abandoned.

Ark. Code Ann. § 18-48-209 Time for enforcement of lien.

If the owners fail to pay the fixed charges provided for in the written contract, or otherwise breach their agreement, the person who has custody of the livestock may proceed to enforce his or her lien under this subchapter at any time after ten (10) days from the date when the payment became delinquent or when the contract was breached, but at no time later than one (1) year from the date of delinquency or of breach of contract.

Ark. Code Ann. § 18-48-210 Methods of enforcement.

The lien may be enforced either by public sale as provided in §§ 18-48-211 and 18-48-212 or by suit filed in the circuit court of the county wherein the livestock on which the lien is attached is located, without regard as to the amount in controversy.

Ark. Code Ann. § 18-48-211 Notice required prior to public sale — Affidavit — Waiver of notices.

(a) Before any livestock shall be sold at public sale, without court action, if the names and addresses of the owners and if the name and address of the conditional sales vendor, mortgagor, or other prior lienholder are known, at least twenty (20) days' notice of the sale shall be given them in writing, either by the sheriff serving the notice upon the owner and the lienholder or by registered or certified mail, return receipt requested. (b) In addition, a notice of the time and place of sale, containing a general description of the livestock, shall be published at least one (1) time a week for a period of two (2) weeks consecutively, in a newspaper of general circulation, if there is one published in the county where the livestock is kept and where the sale shall take place. If no newspaper is published in that county, five (5) handbills containing the same information shall be posted in at least five (5) public places in the township, the town, or the city where the sale shall take place. (c) It shall be the duty of the person claiming the lien under this subchapter to cause the notices to be served, mailed, and published. (d) Copies of the notice required by this section and proof of the publication or the posting of it, and an affidavit of the person causing the livestock to be sold to enforce his or her lien shall be filed and kept in the circuit clerk's office of the county where the sale takes place. Copies of it shall be received in evidence in all courts, if certified by the clerk. (e) Owners or lienholders may waive any and all notices required under this section, if the waivers are in writing. These written waivers shall be effective only from the time they are filed in the clerk's office.

Ark. Code Ann. § 18-48-212 Sale and disposition of proceeds.

(a) All sales under this subchapter shall be at public auction for cash. (b)(1) The proceeds of the sale, after payment of the charges for the feeding, herding, pasturing, keeping, or ranching of the livestock, from the date when the lien became effective under § 18-48-203 until the date of the sale, and all the expenses of the sale, including costs of publication, attorney's fees, and costs of public auctioneer, if any, shall, if the owners are absent or unknown, be deposited with the treasurer of the county where the sale takes place by the person making the sale. (2) These net proceeds shall be paid to the persons entitled to them when they properly establish ownership in, or lien upon, the livestock, either by claim of title or by claim of valid lien.

Ark. Code Ann. § 18-48-301 Nature of lien.

(a) The owner of any male animal, kept for the propagation of his species, shall have a lien upon any female animal and her offspring to which the male is let for the sum contracted therefor. (b) The lien shall attach at the time of service of the male and shall not be lost by reason of any sale, exchange, or removal from the county, or other disposition, without consent of the person holding the lien, in which case it may be immediately enforced.

Ark. Code Ann. § 18-48-302 Penalty for sale, exchange, removal, or disposition of female animal.

Upon the sale, exchange, removal, or disposition of a female animal described in § 18-48-301 without consent of the person holding the lien or with intent to defraud him or her, the owner of the female animal shall be guilty of a violation and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

Ark. Code Ann. § 18-48-303 Filing of claim — Summons.

(a)(1) At any time within twenty (20) months after the right of action accrues, the owner of the male animal may bring a civil action before a court having jurisdiction. (2) The petition shall be verified and set forth the amount of the claim, the cause of action, and a description of the animal upon which there is a lien. (b) The court shall issue summons as in other cases and embody in the summons a description of the animal and an order to the law enforcement officer to take the animal and her offspring, if there is offspring, and hold it or them subject to the order of the court.

Ark. Code Ann. § 18-48-304 Bond for retention of animals.

The owner may give bond for the retention of the animal or animals as in actions for the recovery of personal property.

Ark. Code Ann. § 18-48-305 Judgment.

(a) If, upon trial, judgment is rendered for the plaintiff, the court shall order a sale of the animal or animals as on execution sales to pay the judgment and costs. (b) If bond is given for the retention of the animal or animals, the court shall render judgment on the bond against the sureties for the amount of the plaintiff's debt and cost.

Ark. Code Ann. § 18-48-401 Construction.

This subchapter shall not be construed to amend or repeal any existing laws, unless in direct conflict therewith.

Ark. Code Ann. § 18-48-402 Right to lien.

Any person, firm, or corporation engaged in the business of the storage of automobiles and other motor vehicles, whether the storage is the principal line of business or an incident to the regular business, shall have a lien upon the motor vehicle so stored for the sums of money due for the storage.

Ark. Code Ann. § 18-48-403 Priority of lien.

The lien provided for in this subchapter shall have the same priority as is provided by § 18-45-202 .

Ark. Code Ann. § 18-48-404 Sale for storage charges.

(a) Any person, firm, or corporation having a lien under the provisions of this subchapter and retaining possession of the motor vehicle by virtue of the lien thereon for storage charges shall have the right to sell it for the satisfaction of the debt for which the motor vehicle was held. (b) The sale may be made in the manner now provided for sale of other personal property under the provisions of §§ 18-45-204 and 18-45-205.

Ark. Code Ann. § 18-48-501 Definitions.

As used in this section and §§ 18-48-502 — 18-48-504 “owner” and “operator” mean corporations, partnerships, or individuals engaged in the business of elevators, drying, cleaning, milling, or processing rice or other similar farm products.

Ark. Code Ann. § 18-48-502 Applicability.

This section and §§ 18-48-501 , 18-48-503 , and 18-48-504 shall specifically further protect all owners and operators of dryers, elevators, or cleaning, milling, or processing plants, but do not extend to any relationship between the owner or operator and his or her employee or employees.

Ark. Code Ann. § 18-48-503 Right to lien generally.

The owner of any plant in this state engaged in the drying, cleaning, milling, or processing of rice or any other similar farm products for another shall have an absolute lien on the farm product to secure the payment for the drying, cleaning, milling, or processing of the farm product and for its storage or handling. This lien shall be superior to all other prior liens.

Ark. Code Ann. § 18-48-504 Enforcement of lien in general.

(a)(1) Any owner of any plant holding a lien under this section and §§ 18-48-501 — 18-48-503 may hold the farm product, and the by-products thereof, if any, for a period of thirty (30) days, unless his or her claim is sooner paid. (2) After that time the lienholder may sell such portion of products or by-products, or both, as may be necessary to discharge the lien at the prevailing market price on the market, at private sale, and from the proceeds deduct the amount justly due him or her. This amount shall include reasonable costs for holding the sale and delivering over to the owner of the farm product the balance of the product, if any, remaining. (3) If the farm product or by-products are gone from the lienholder's possession, he or she may enforce his or her lien before the court, in the manner provided for by law for enforcement of laborers' liens upon the product of their labor. (b) A lien created by this section and §§ 18-48-501 — 18-48-503 shall be enforced within eight (8) months after the farm product or by-products are dried, cleaned, milled, or processed.

Ark. Code Ann. § 18-48-505 Cotton ginner's lien.

(a) The owner of a cotton gin who shall gin seed cotton for another and bale it shall have an absolute lien on the cottonseed and on the baled cotton to secure the payment of the ginning and the bagging and ties used in baling the cotton. (b) The lien shall attach to each bale of cotton ginned and baled, and to the seed therefrom, to secure the payment of the ginning and for the bagging and ties used on each and every bale of cotton so ginned and baled for the owner, during the season for which the bale was ginned. (c) This lien shall be superior to all other prior liens.

Ark. Code Ann. § 18-48-506 Enforcement of cotton ginner's lien.

(a)(1) A ginner holding a lien under § 18-48-505 and this section may hold the cotton and seed for thirty (30) days, unless his or her claim is paid sooner. (2) After that time the lienholder may sell it at the best obtainable price on the market, at private sale, and from the proceeds pay his or her just debt and turn the residue over to the owner of the cotton or seed. (3) If the cotton or seed is gone from the lienholder's possession, he or she may enforce his or her lien before the court, in the manner provided by law for the enforcement of laborers' liens upon the product of their labor. (b) The lien created by § 18-48-505 and this section shall be enforced within six (6) months after the cotton is ginned, but not thereafter.

Ark. Code Ann. § 18-48-601 Perfection of lien.

A person furnishing or placing in a cemetery or burial ground, a monument, gravestone, enclosure, or other structure has a lien thereon for the agreed price thereof, or the part remaining unpaid, with interest from the time the amount was due, upon filing with the superintendent or person in charge of the cemetery or burial ground a notice of lien as provided in this subchapter.

Ark. Code Ann. § 18-48-602 Notice of lien.

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

Ark. Code Ann. § 18-48-603 Action to enforce lien.

(a) After the service of the notice, an action to recover the amount of the debt and to enforce a lien therefor may be maintained by the lienor against the person with whom the agreement was made for the purchase and erection of the monument, gravestone, enclosure, or other structure, or for the performance of labor thereon. (b) If the lienor succeeds in establishing the lien, the judgment recovered may authorize removal of the monument, gravestone, enclosure, or other structure from the burial ground or cemetery to satisfy the amount of the judgment.

Ark. Code Ann. § 18-48-604 Restrictions on persons in charge of cemeteries.

(a) The superintendent, or other person in charge of a cemetery or burial ground, shall not permit the removal, alteration, or inscription of a monument, gravestone, enclosure, or other structure against which a lien exists after the notice of the lien has been filed and served as prescribed in this subchapter, except pursuant to the terms of a judgment recovered in an action brought to enforce the lien. (b) No officer of a cemetery association, or other person connected with a cemetery or burial ground, shall hinder or obstruct the removal in a proper manner of any monument, gravestone, enclosure, or other structure pursuant to the terms of the judgment.

Ark. Code Ann. § 18-48-701 Definitions.

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

Ark. Code Ann. § 18-48-702 Marina operator's lien on watercraft and stored property.

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

Ark. Code Ann. § 18-48-703 Notice of lien.

The rental agreement shall contain a statement, in bold type, advising the occupant: (1) Of the existence of the lien; and (2) That property stored in the leased space may be sold to satisfy the lien if the occupant is in default.

Ark. Code Ann. § 18-48-704 Access to leased space — Care of property.

(a) If an occupant is in default, the marina operator may deny the occupant access to the leased space. (b)(1) Unless the rental agreement specifically provides otherwise and until a lien sale under this subchapter, the property stored in the leased space remains vested in the occupant. (2) Entry of the leased space by the marina operator for the purpose of complying with this subchapter shall not constitute conversion nor impose any responsibility for the care, custody, and control of any of the personal property stored.

Ark. Code Ann. § 18-48-705 Default — Right to sell property.

If the occupant is in default for a period of more than forty-five (45) days, the marina operator may enforce the lien by selling the property stored in the leased space at a public sale for cash.

Ark. Code Ann. § 18-48-706 Sale procedure.

(a) Before conducting a sale under § 18-48-705, the marina operator shall: (1)(A) Notify the occupant in writing of the default. (B) The notice shall be sent by certified mail, return receipt requested, to the occupant at the occupant's last known address, and shall include: (i) A statement that the contents of the occupant's leased space are subject to the marina operator's lien; (ii) A statement of the marina operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date those additional charges shall become due; (iii) A demand for payment of the charges due within a specified time, not less than fourteen (14) days after the date that the notice was mailed; (iv) A statement that unless that claim is paid within the time stated, the contents of the occupant's space will be sold at a specified time and place; (v) The name, street address, and telephone number of the marina operator or his or her designated agent whom the occupant may contact to respond to the notice; and (vi) Designation of the date, time, and place where the contents will be sold unless the default is remedied prior to sale; (2) Publish one (1) advertisement in a newspaper of general circulation in the county in which the marina facility is located at least seven (7) days prior to sale; and (3)(A) Contact the circuit clerk in the county where the personal property is stored to determine the name and address of any holder of liens or security interests in the personal property being sold. (B)(i) The owner shall notify by certified mail, return receipt requested, each holder of a lien or security interest of the time and place of the proposed sale at least ten (10) days prior to conducting the sale. (ii) The owner shall be required to notify the holder of a lien or security interest only if the lien or security interest is filed under the name of the occupant. (b) At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the marina operator's lien and redeem the occupant's personal property. (c) The sale under this subchapter shall be held at the marina facility where the personal property is stored. (d) A purchaser in good faith of any personal property sold under this subchapter takes the property free and clear of any rights of: (1) Persons against whom the lien was valid; and (2) Other lienholders. (e) If the marina operator complies with the provisions of this subchapter, the marina operator's liability: (1) To the occupant, shall be limited to the net proceeds received from the sale of the personal property; and (2) To other lienholders, shall be limited to the net proceeds received from the sale of any personal property covered by the other liens or the amount owed to such lienholders, whichever is less. (f) The marina operator shall retain a copy of all notices and return receipts required by subsection (a) of this section for six (6) months following the date of the lien sale.

Ark. Code Ann. § 18-48-707 Disposition of sale proceeds.

(a) Proceeds from the sale shall be paid, in order of priority: (1) To satisfy all prior liens having priority over the marina operator's lien as set forth in § 18-48-702; (2) To satisfy the marina operator's lien; and (3) To the occupant or other person or persons entitled thereto. (b) If a sale is held under this subchapter, the marina operator shall distribute the sale proceeds pursuant to subsection (a) of this section within ten (10) days following the sale. (c) Any funds remaining in the possession of the marina operator, after the exhaustion of reasonable efforts to locate and distribute the funds to prior lienholders, the occupant or other persons entitled thereto, shall escheat to the county.

Ark. Code Ann. § 18-48-708 Notices — Method of delivery.

(a) Unless otherwise specifically provided, all notices required by this subchapter shall be sent by certified mail, return receipt requested. (b)(1) Notices sent to the operator shall be sent to the marina facility where the occupant's property is stored. (2) Notices to the occupant shall be sent to the occupant at the occupant's last known address. (3) Notices shall be deemed delivered when deposited with the United States Postal Service, properly addressed as provided in § 18-48-706(a) with postage prepaid.

Ark. Code Ann. § 18-48-709 Applicability of subchapter.

The provisions of this subchapter shall be applicable only in those situations in which the rental agreement is between a marina operator and the occupant.

Ark. Code Ann. § 18-48-802 Definitions.

As used in this subchapter: (1)(A) “Base rent” means the rent designated in a lease as base rent, or a similar term, for the possession and use of commercial real estate. (B) “Base rent” does not include separate payments made by tenants for insurance, taxes, utilities, or other expenses; (2)(A) “Commercial real estate” means: (i) A fee simple, freehold, leasehold, or other title, interest, or possessory estate in real property located in the State of Arkansas; and (ii) Real property if the property is identified as commercial real estate in the representation agreement. (B) “Commercial real estate” does not mean an interest in real property that is: (i) Improved with one (1) single-family residential unit or one (1) multifamily structure with four (4) or fewer residential units; or (ii) Improved with single-family residential units such as condominiums, townhouses, timeshares, or houses in a subdivision that may be sold, leased, or otherwise disposed of on a unit-by-unit basis; (3) “Days” means calendar days; (4) “Disposition” means a voluntary transfer or conveyance of commercial real estate; (5) “Escrow closing agent” means the person or entity that receives documents and funds for recording and disbursement in the completion of a transaction for the disposition of commercial real estate; (6) “Lease” means a written agreement affecting commercial real estate that creates a landlord and tenant relationship under which the holder of a fee simple interest or possessory estate in commercial real estate permits another to possess the commercial real estate for the period of time contained in the lease; (7) “Licensee” means a licensee as defined in § 17-42-103; (8)(A) “Net rental proceeds” means the base rent paid by the tenant under a lease less any amounts currently due under the terms of a lien that has priority over a lien created under this subchapter. (B) Net rental proceeds are personal property to which a lien created by this subchapter attaches; (9) “Owner” means a person or entity that is vested in record fee title or a possessory estate in commercial real estate; (10)(A) “Owner's net proceeds” means the gross sales proceeds from the disposition of commercial real estate described in a notice of claim of lien against proceeds under this subchapter less: (i) Amounts necessary to pay all encumbrances and liens that have priority over the lien created by this subchapter other than those permitted to remain by the buyer of the commercial real estate; and (ii) Owner's closing costs, such as real estate excise tax, title insurance premiums, real estate tax and assessment prorations, and escrow fees required to be paid by the owner under an agreement with the buyer of the commercial real estate. (B) “Owner's net proceeds” includes any gross sales proceeds that are: (i) Held by a third party for purposes of completing an exchange of real estate which is deferred from federal income tax under Section 1031 of the Internal Revenue Code of 1986, as it existed on January 1, 2011, but are not used later for that purpose; and (ii) Personal property to which a lien created by this subchapter attaches; (11) “Principal broker” means a principal broker as defined in § 17-42-103; (12) “Real property” means one (1) or more parcels or tracts of land, including an appurtenance or improvement; and (13) “Representation agreement” means a commercial real estate agreement between a licensee and an owner under which the owner agrees to pay a licensee a fee, commission, or other consideration upon: (A) Either the disposition or lease of commercial real estate; or (B) Entering into an agreement for the disposition or lease of commercial real estate.

Ark. Code Ann. § 18-48-803 Lien upon personal property.

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

Ark. Code Ann. § 18-48-804 Waiver of right to a lien — Action by principal broker.

(a) A principal broker may waive his or her right to a lien under this subchapter in the representation agreement. (b) If a court finds that payment is due to the principal broker in an action to recover amounts due under a representation agreement in which the principal broker has waived his or her right to a lien, the court shall award actual damages, a reasonable attorney's fee, and expenses.

Ark. Code Ann. § 18-48-805 Notice of claim of lien against proceeds.

(a) A notice of claim of lien against proceeds shall state: (1) The name, address, and telephone number of the principal broker; (2) The date of the representation agreement; (3) The name of the owner of the commercial real estate; (4) The legal description of the commercial real estate as described in the representation agreement; (5) The amount of the claimed lien expressed as either a specified sum, a percentage of the sales price, or a formula; (6) The real estate license number of the principal broker; (7) That the lien claimant has read the notice of claim of lien, knows its contents, and believes: (A) The statements contained in the notice of claim of lien to be true and correct; and (B) That the claim is made pursuant to a valid representation agreement and is not frivolous; and (8) That the information contained in the notice of claim of lien is true and accurate to the knowledge of the signatory. (b) The notice of claim of lien against proceeds shall be notarized. (c) A copy of the representation agreement shall be attached to the notice of claim of lien against proceeds.

Ark. Code Ann. § 18-48-806 Delivery of notice of claim of lien.

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

Ark. Code Ann. § 18-48-807 Release of notice of claim of lien.

(a) If a principal broker records a notice of claim of lien against proceeds and knows or learns that he or she is not entitled to receive compensation under the terms of the representation agreement, the principal broker shall record a written release of the notice of claim of lien against proceeds within five (5) days after: (1) Demand by the owner of the commercial real estate; or (2) Learning that the principal broker is not entitled to receive compensation under the terms of the representation agreement. (b) If the amount claimed in the notice of claim of lien has been paid, a lien claimant shall promptly record a satisfaction or release of the notice of claim of lien within five (5) days after receipt of payment of the amount claimed in the notice of claim of lien. (c)(1) In a disposition of commercial real estate, the escrow closing agent shall pay to the lien claimant the owner's net proceeds up to the amount claimed in the notice of claim of lien against proceeds. (2) If the amount claimed in the notice of claim of lien is to be fully or partially paid to the lien claimant by the escrow closing agent upon disposition, the lien claimant shall submit a release of his or her notice of claim of lien against proceeds to the escrow closing agent who shall hold the release in escrow pending disposition and payment. (d)(1)(A) A notice of claim of lien against proceeds recorded under this subchapter shall be released upon the recording of a receipt by the office in which the notice of claim of lien was recorded that shows a deposit of an amount equal to the lien claimed. (B) The deposit shall be held pending a resolution of amounts due to the licensee and the owner. (2) If the court determines in an action by the owner to compel delivery of the release by the lien claimant that the delay in providing the release was unjustified, the court shall: (A) Order the release of the notice of claim of lien; and (B) Award the owner the costs of the action, including a reasonable attorney's fee.

Ark. Code Ann. § 18-48-808 Disputed claim — Order to show cause.

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

Ark. Code Ann. § 18-48-809 Priority of lien claims.

If perfected prior to the recording of a notice of claim of lien against proceeds, the following liens have priority over a lien created under this subchapter: (1) Statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing under statutory liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, whether voluntary or obligatory; and (2) Modifications, extensions, renewals, and replacements to any of the liens listed in subdivision (1) of this section.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.18.htmlFetched: 11/8/2026

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