Conveyances

Ark. Code Ann. tit. 18, ch. 12

in effect

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 18-12-106 Joint tenants with right of survivorship.

(a) Interests in real property may be conveyed to two (2) or more persons, regardless of their relationship to each other, as joint tenants with right of survivorship. (b) Any person who owns an interest in real property may convey that interest or any portion thereof to himself or herself and one (1) or more other persons, regardless of their relationship to each other, as joint tenants with right of survivorship. (c) Furthermore, all conveyances of real property made prior to July 15, 1991, and which clearly intended that the interests were conveyed as joint tenancy with right of survivorship even though the grantees were not husband and wife shall be deemed to have created joint tenancies with right of survivorship.

Ark. Code Ann. § 18-12-107 Transfer fee covenants prohibited — Definitions.

(a) As used in this section: (1) “Association” means a nonprofit, mandatory-membership organization: (A) Comprised of owners of homes, condominiums, units in a horizontal property regime, cooperatives, manufactured homes, or any other interest in real property; and (B) Created pursuant to declaration, covenant, bill of assurance, master deed, or other applicable law; (2) “Licensee” means a licensee as defined in § 17-42-103; (3) “Transfer” means the sale, gift, grant, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state; (4)(A) “Transfer fee” means a fee or charge that obligates a transferee or transferor of real property to pay a fee or charge to a third person: (i) Upon a transfer of an interest in the real property; or (ii) For permitting the transfer. (B) “Transfer fee” does not include a tax, assessment, fee, or charge imposed by a governmental authority under applicable law; and (5)(A) “Transfer fee covenant” means a provision in a recorded document or an unrecorded document imposing a transfer fee that purports to run with the land or bind current owners or successors in title to real property located in this state. (B) “Transfer fee covenant” includes a lien or claim of lien to secure payment of a transfer fee. (C) “Transfer fee covenant” does not include a provision: (i) Of a purchase contract, option, mortgage, security agreement, real property listing agreement, or other agreement that obligates a party to the agreement to pay another party to the agreement as full or partial consideration for the agreement or for a waiver of rights under the agreement an amount determined by the agreement if the amount is: (a) Payable on a one-time basis only upon the next transfer of an interest in the specified real property and, once paid, shall not bind successors in title to the property; (b) A loan assumption fee or other fee charged in connection with a transfer by a lender holding or obtaining a lien on the transferred real property; or (c) A fee or commission paid to a licensee for services rendered in connection with a transfer of the property for which the fee or commission is paid; (ii) In a deed, memorandum, or other document recorded for the purpose of providing record notice of an agreement described in subdivision (a)(5)(C)(i) of this section; (iii) Of a document requiring payment of a fee or charge to an association to be used exclusively for the purposes authorized in the document, as long as no portion of the fee is required to be passed through to a third party designated or identifiable by description in the document or another document referenced in the document; or (iv) Of a document affecting real property that requires payment of a fee or charge to an organization described in § 501(c)(3) or § 501(c)(4) of the Internal Revenue Code as it existed on January 1, 2011, to be used exclusively to support: (a) Cultural, educational, charitable, recreational, environmental, conservational, or other similar activities benefiting the real property; or (b) The community in which the property is located. (b)(1) A transfer fee covenant recorded with respect to real property in this state after July 27, 2011: (A) Does not run with the title to the real property; and (B) Is not binding upon or enforceable at law or in equity against: (i) The real property; or (ii) A subsequent owner, purchaser, or mortgagee of an interest in the real property. (2) This section does not validate a transfer fee covenant recorded in this state before July 27, 2011.

Ark. Code Ann. § 18-12-108 Scrivener's affidavits — Definition.

(a) As used in this section, “scrivener's affidavit” means a sworn and acknowledged affidavit relating to: (1) The identification, marital status, heirship, relation, death, or the time of death of a person who is a party to an instrument affecting the title to real property; (2) The identification of a corporation or other legal entity that is a party to an instrument affecting the title to real property; or (3) The legal description to real property. (b) A scrivener's affidavit may be executed and recorded by a: (1) Licensed attorney who prepared the original instrument; (2) Licensed attorney who represents a party to the original instrument; (3) Party to the original instrument if the party prepared the original instrument; or (4) Current employee of a title company that completed the form of the original instrument. (5) Licensed engineer or surveyor who prepared the original survey, plat, replat, lot split, boundary line adjustment, or other instrument that affects or is related to the title to the real property; or (6) Notary public who witnessed the execution of an original instrument and executed an acknowledgement to the original instrument that contains an error. (c) A scrivener's affidavit shall: (1) Be sworn to and acknowledged before a person authorized to administer an oath under the laws of this state; (2) Conspicuously identify in its title that it is a “Scrivener's Affidavit”; and (3) Contain the following information concerning the original instrument: (A) The name of the person or entity that completed or prepared the original instrument; (B) The names of all parties to the original instrument; (C) The recording information, including the recording date of the original instrument; and (D) A brief description of each error that the scrivener's affidavit is designed to correct. (d) A scrivener's affidavit may be prepared in substantially the following form: (e) A scrivener's affidavit that complies with this section in substantially the form provided by subsection (d) of this section or in a custom form shall be: (1) Recorded by the county recorder in the land records of the county where the real property is located; (2) Indexed by the county recorder in the general index under the names of the original parties to the instrument as they are identified in the scrivener's affidavit; and (3) Admissible as evidence to the same extent as a deed or other instrument recorded pursuant to § 18-12-201 et seq. in an action involving the instrument to which it relates or the title to the real property affected by the instrument. (f)(1) Except as provided in subdivisions (f)(2) and (3) of this section, notice of the corrective information provided by the scrivener's affidavit is effective at the time the scrivener's affidavit is recorded. (2) If an error contained in a scrivener's affidavit is of an obvious nature, notice of the corrective information provided by the scrivener's affidavit is effective at the time the original instrument being corrected was recorded. (3) Subdivision (f)(2) of this section does not apply to a bona fide purchaser for value of real property. “SCRIVENER'S ERROR AFFIDAVIT KNOW ALL PERSONS BY THESE PRESENTS that: [Name] prepared or completed the form of a [Type of instrument] with regard to a conveyance from [Name(s)] as [grantor, mortgagor, etc.] to [Name(s)] as [grantee, mortgagee, etc.] . The [Type of instrument] which was recorded in the records of County, Arkansas, on [Date] , as Instrument Number [in Book at Page ] contained a scrivener's error with regard to the [reason for correction(s)] . The aforementioned [Type of instrument] should reflect that the [Type of instrument] read as follows: [Insert correction(s)] . Further affiant sayeth naught. WITNESS my hand and seal on this day of , 20 . [Signature] Name printed: ACKNOWLEDGMENT STATE OF } }ss. COUNTY OF } On this day of day of , 20 , before me, a Notary Public in and for the said county and state, personally appeared , to me well known, and acknowledged that [he/she] had executed the foregoing document for the consideration, uses, and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: Click to view form.

Ark. Code Ann. § 18-12-201 Proof or acknowledgment as prerequisite to recording real estate conveyances.

All deeds and other instruments in writing for the conveyance of any real estate, or by which any real estate may be affected in law or equity, shall be proven or duly acknowledged in conformity with the provisions of this act before they or any of them shall be admitted to record.

Ark. Code Ann. § 18-12-202 Forms of acknowledgments — Validity — Acknowledgments of married persons.

(a)(1) Either the forms of acknowledgments now in use in this state or any other forms may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property which: (A) Specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken; (B) Set out the name of the person acknowledging and, in instances in which he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges; and (C) Recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law. (2) These forms may also be used when the property is to be affected in law or equity and also in any other case in which such an acknowledgment is for any purpose required or authorized by law. (3) An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence. (b) The acknowledgment of a married person, both as to the disposition of his or her own property and as to the relinquishment of dower, curtesy, and homestead in the property of a spouse, may be made in the same form as if that person were sole and without any examination separate and apart from a spouse, and without necessity for a specific reference therein to the interest so conveyed or relinquished.

Ark. Code Ann. § 18-12-203 Officers authorized to take proof or acknowledgment of real estate conveyances.

(a) The proof or acknowledgment of every deed or instrument of writing for the conveyance of any real estate shall be taken by one (1) of the following courts or officers: (1) When acknowledged or proved within this state, before the Supreme Court, the circuit court, or any justices or judges thereof, the clerk of any court of record, any county judge, or before any notary public; (2) When acknowledged or proved outside this state, and within the United States or its territories, or in any of the colonies or possessions or dependencies of the United States, before any court of the United States, or any state or territory, or colony or possession or dependency of the United States, having a seal, or a clerk of any such court, or before any notary public, or before the mayor of any incorporated city or town, or the chief officer of any city or town having a seal, or before a commissioner appointed by the Governor; and (3) When acknowledged or proved outside the United States, before any: (A) Court of any state, kingdom, or empire having a seal; (B) Mayor or chief officer of any city or town having an official seal; or (C) Officer of any foreign country who by the laws of that country is authorized to take probate of the conveyance of real estate of his or her own country if the officer has, by law, an official seal. (b) The acknowledgment of any deed or mortgage, when taken outside the United States, may be taken and certified by a United States consul.

Ark. Code Ann. § 18-12-204 Attestation of acknowledgments.

(a) In cases of acknowledgment or proof of deeds or conveyances of real estate taken within the United States or territories thereof, when taken before any court or officer having a seal of office, the deed or conveyance shall be attested under the seal of office. If the officer has no seal of office, then it shall be attested under the official signature of the officer. (b) In all cases of deeds and conveyances proved or acknowledged outside the United States or their territories, the acknowledgment or proof must be attested under the official seal of the court or officer before whom the probate is had.

Ark. Code Ann. § 18-12-205 Certificate of acknowledgment.

(a) Any court or officer that takes a proof or an acknowledgment of any instrument affecting real property shall grant a certificate of the proof or acknowledgment. (b) The court or officer shall cause the certificate of the proof or acknowledgment to be endorsed on the instrument affecting real property. (c) The certificate of the proof or acknowledgment shall be signed by the clerk of the court or by the officer if he or she has a seal of office.

Ark. Code Ann. § 18-12-206 Manner of making acknowledgment — Proof of deed or instrument — Proof of identity of grantor or witness.

(a) The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgment and stating that he or she had executed the deed or instrument for the consideration and purposes therein mentioned and set forth. (b) When a deed or instrument referred to in subsection (a) of this section is to be proved, it shall be done by one (1) or more of the subscribing witnesses personally appearing before the proper court or officer and stating on oath that he or she saw the grantor subscribe the deed or instrument of writing or that the grantor acknowledged in his or her presence that he or she had subscribed and executed the deed or instrument for the purposes and consideration therein mentioned, and that he or she had subscribed the deed or instrument as a witness at the request of the grantor. (c) If any grantor has not acknowledged the execution of a deed or instrument referred to in subsection (a) of this section and the subscribing witnesses are dead or cannot be had, then the deed or instrument may be proved by the evidence of the handwriting of the grantor and of at least one (1) of the subscribing witnesses. This evidence shall consist of the deposition of two (2) or more disinterested persons, swearing to each signature. (d)(1) When any grantor in any deed or instrument that conveys real estate or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself or herself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his or her identity and his or her being the person he or she purports to be on the face of such instrument of writing shall be proved to the court or officer. (2) Proof may be made by witnesses known to the court or officer or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing.

Ark. Code Ann. § 18-12-208 Defects.

(a) All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual because: (1) Of failure to comply with § 18-12-403; (2) The officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments; (3) The officer failed or omitted to attach his or her seal to the certificate; (4) The officer attached to any such certificate a seal not bearing the words and devices required by law; (5) The officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized; (6) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon; (7) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (8) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned, shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer. (b) A deed, conveyance, deed of trust, mortgage, marriage contract, and other instrument in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, which is executed after August 13, 1993, shall not be deemed defective or ineffectual because: (1) The officer failed or omitted to attach his or her seal to the certificate; (2) The officer attached to any such certificate a seal not bearing the words and devices required by law; (3) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon; (4) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (5) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned. (c) A deed, conveyance, deed of trust, mortgage, marriage contract, and any other instrument in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, whether executed before, on, or after April 8, 2013, shall not be found insufficient to satisfy the requirements of § 18-12-202: (1) Because the acknowledgment thereof does not strictly comply with the form contained in § 16-47-107 or omits the words “for the consideration, uses, and purposes therein mentioned or set forth” or uses similar words; (2) Because the gender listed in the acknowledgment thereof does not match the gender of the person acknowledging the instrument; (3) Because the acknowledgment thereof does not identify the title or position of the person acknowledging the instrument on behalf of a corporation, partnership, company, trust, association, or other entity; or (4) Where a good faith attempt at material compliance with § 16-47-107(a), (b), or (c), as applicable, has been made and there is no factual dispute as to the authenticity of the signature of the person making acknowledgement thereof. (d) Notwithstanding an acknowledgment to a deed or other instrument which may contain one (1) or more of the defects set forth in this section, if a deed or other instrument is recorded, it shall: (1) Provide constructive notice thereafter to all parties of the matters contained in the deed or other instrument; and (2) Be treated as any other deed or instrument in writing under § 16-47-110, and may be read into evidence in any court in this state without further proof of execution. (e) A valid jurat may act as a substitute for a certificate of acknowledgment for instruments recorded on or after April 8, 2013.

Ark. Code Ann. § 18-12-209 Recorded deed or written instrument affecting real estate.

(a) Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the county where such land to be conveyed or affected thereby is located, and when so recorded may be read in evidence in any court in this state without further proof of execution. (b) If it appears at any time that any deed or instrument duly acknowledged or proved and recorded as prescribed by this act is lost or not within the power and control of the party wishing to use the deed or instrument, the record thereof, or a transcript of the record certified by the recorder, may be read in evidence without further proof of execution. (c) Neither the certificate of acknowledgment nor the probate of any such deed or instrument, nor the record or transcript thereof, shall be conclusive, but it may be rebutted.

Ark. Code Ann. § 18-12-301 Considered life estate.

In cases when, by common law, any person may become seized in fee tail of any lands or tenements, by virtue of any devise, gift, grant, or other conveyance, the person, instead of being, or becoming, seized thereof in fee tail, shall be adjudged to be, and become, seized thereof for his or her natural life only. The remainder shall pass in fee simple absolute to the person to whom the estate tail would first pass according to the course of the common law by virtue of the devise, gift, grant, or conveyance.

Ark. Code Ann. § 18-12-302 Dissolution.

(a)(1) Any estate which under the common law would be deemed an estate tail or a fee tail estate or any estate created by reason of a conveyance to a grantee or grantees and the heirs of his or her body or to other contingent remaindermen may be dissolved by the grantor creating such an estate and all life tenants and all of the other persons then living who might be remaindermen in event of the death of the life tenant or tenants executing a conveyance of the fee. (2) The conveyance shall vest in the grantee the fee simple title to the lands therein conveyed. (b) The method of extinguishing the estates mentioned in subsection (a) of this section shall apply equally to those estates now in existence and to those which may hereafter come into existence. (c) The rights and privileges provided by this section are permissive and cumulative to the rights and remedies now existing under the laws of this state.

Ark. Code Ann. § 18-12-303 Rule in Shelley's Case abolished.

(a)(1) The Rule in Shelley's Case is abolished and shall not be recognized by any court of this state. (2) This section is intended to annul the application or effect of the Rule in Shelley's Case on any instrument or interest in real property. (b) When any instrument prepared or executed after July 16, 2003, conveys an interest in any real property to be given to the heirs or issue of any person in words which, under the rule of construction known as the “Rule in Shelley's Case” would have operated to give to that person an interest in fee simple, those words shall operate as words of purchase and not of limitation.

Ark. Code Ann. § 18-12-401 Deed between spouses.

(a) A deed of conveyance of real property located in this state executed after the passage of this act by an individual to his or her spouse shall convey to the grantee named in the deed the entire interest of the grantor in the property conveyed, or the interest specified in the deed, as if the spousal relation did not exist between the parties to the deed. (b)(1) All deeds of conveyance of real property in this state executed before the passage of this act by an individual to his or her spouse shall convey to the respective grantees in the deeds the full and entire interests of the respective grantors in the deeds, or the interests specified in the deeds respectively, as if the spousal relation had not existed between the parties to the deeds. (2) This subsection does not apply to a deed that has been construed by a court of competent jurisdiction. (c) The word “deed” as used in this section includes instruments of writing affecting, or purporting to affect, the title to real property, either by way of conveyance or encumbrance. (d) The purpose of this section is to empower an individual to contract with his or her spouse in regard to real property in the same manner and to the same effect as if the spousal relation did not exist between the parties to the deed.

Ark. Code Ann. § 18-12-402 Relinquishment of dower or curtesy in spouse's land.

A married person may relinquish dower or curtesy in any of the real estate of a spouse by joining with the spouse in the deed of conveyance thereof, or by a separate instrument executed to spouse's grantee or anyone claiming title under the spouse, and acknowledging it in the manner prescribed by law.

Ark. Code Ann. § 18-12-403 Conveyance, etc., of homestead.

No conveyance, mortgage, or other instrument affecting the homestead of any married person shall be of any validity, except for taxes, laborers' and mechanics' liens, and purchase money, unless his or her spouse joins in the execution of the instrument, or conveys by separate document, and acknowledges it.

Ark. Code Ann. § 18-12-404 Conveyance of interest of husband with mental illness and guardian appointed — Relinquishment of dower.

In all cases under § 20-47-103 whereunder a husband is duly adjudged to be with mental illness and a guardian appointed and wherein the guardian makes a sale of the husband's interest in any of the real estate belonging to his ward, and the wife of the husband with mental illness is entitled to dower, it shall be sufficient to pass the dower interest of the wife, if she shall duly join in the petition of the guardian for the sale, and by separate instrument, duly acknowledged, convey all her interest in the lands.

Ark. Code Ann. § 18-12-501 Acknowledgment and recording.

(a) A power of attorney, containing a power to convey real estate as agent or attorney for the owner of the real estate or to execute as agent or attorney for another person a deed or instrument in writing that conveys real estate, or whereby real estate is affected in law or equity, shall be acknowledged or proved and certified and recorded with a deed that the agent or attorney shall make as a result of the power of attorney. (b) A power of attorney shall be proved or acknowledged before the same courts or officers that are authorized by this act to take probate of deeds conveying real estate.

Ark. Code Ann. § 18-12-502 Revocation.

(a)(1) A power of attorney, acknowledged or proved and certified as prescribed by this act, may be revoked by the maker of the power of attorney or his or her legal representatives. (2) The revocation shall be in writing acknowledged or proved before the proper court or officer and filed for record in the county or counties where the power of attorney was intended to operate. (b) A power of attorney is revoked and void from the time of filing the revocation for record.

Ark. Code Ann. § 18-12-503 Relinquishment of dower, curtesy, and homestead rights.

(a) By joining with his or her spouse in the execution of power of attorney, or by separate instrument, a married person may appoint an agent or attorney in fact and authorize him or her, for and in the person's name and stead, to relinquish all rights and possibility of dower, curtesy, and homestead to a spouse's grantee, lessee, or mortgagee in any lands, oil, gas, mineral, or timber and to execute for the person such relinquishment of dower, curtesy, and homestead in any oil and gas lease or assignment thereof, mineral deed, timber deed, royalty contract, mortgage, or contract for the sale of any land, timber, or minerals, or any interest therein, owned by a spouse and conveyed by the spouse to the grantee. (b)(1) The act of an agent or attorney in fact, when authorized by properly executed and recorded power of attorney, in so relinquishing dower, curtesy, and homestead of a married person by joining in any deed, lease, conveyance of minerals, royalty contract, or other contract for the sale of any lands or lease of any lands for developing its minerals, or any interest therein, or the assignment of any oil and gas lease or interest therein shall be as effectual and binding as if the instrument or instruments had been executed in the first instance by the married person. (2) The relinquishment by the attorney in fact may be by separate instrument or by the attorney in fact joining with the spouse in the execution of one (1) or more conveyances.

Ark. Code Ann. § 18-12-601 After-acquired title.

If any person shall convey any real estate by deed purporting to convey it in fee simple absolute, or any less estate, and shall not at the time of the conveyance have the legal estate in the lands, but shall afterwards acquire it, then the legal or equitable estate afterwards acquired shall immediately pass to the grantee and the conveyance shall be as valid as if the legal or equitable estate had been in the grantor at the time of the conveyance.

Ark. Code Ann. § 18-12-602 Land in adverse possession.

Any person claiming title to any real estate, notwithstanding there may be an adverse possession thereof, may sell and convey his or her interest in the same manner and with like effect as if he or she were in the actual possession of the real estate.

Ark. Code Ann. § 18-12-603 Grants to two or more as tenancy in common.

Every interest in real estate granted or devised to two (2) or more persons, other than executors and trustees as such, shall be in tenancy in common unless expressly declared in the grant or devise to be a joint tenancy.

Ark. Code Ann. § 18-12-604 Deed to trustee or agent.

(a)(1) The appearance of the words “trustee”, “as trustee”, or “agent” following the names of the grantee in any deed of conveyance of land executed, without other language showing a trust, shall not be deemed to give notice to, or put on inquiry, any person dealing with the land that a trust or agency exists or that there are other beneficiaries of the conveyance except the grantee named therein. (2) The conveyance shall vest the title to the land in the grantee. (b) A conveyance of land by the grantee, whether followed by the words “trustee”, “as trustee”, or “agent” or not, shall vest title in his or her grantee free from any claims of all persons or corporations.

Ark. Code Ann. § 18-12-605 Deeds of administrators, executors, guardians, commissioners, and sheriffs.

(a)(1) All deeds of conveyance made by an administrator, an executor, a guardian, or a commissioner, deeds of real estate sold under an execution made and executed by a sheriff, and deeds made and executed by a trustee or an attorney pursuant to a foreclosure of a deed of trust or mortgage, duly made and executed, acknowledged, and recorded, as now required by law and purporting to convey real estate, shall vest in the grantee and his or her heirs and assigns a good and valid title, both in law and in equity. (2)(A) The deeds shall be evidence of the facts recited in the deeds and of the legality and regularity of the sale of the real estate so conveyed. (B) However, the deeds do not warrant title to a subsequent grantee, and any subsequent grantee may not assert or claim any warranty of title deriving from the deeds. (b) Nothing in this section shall prohibit a deed made under subdivision (a)(1) of this section from warranting title by express use of warranty language. (c) Every deed so made, executed, acknowledged, and recorded, or a certified copy of the deed, under the seal of the recorder of the proper county shall be received in evidence in any court in this state without further proof of its execution.

Ark. Code Ann. § 18-12-606 Deed or patent by Governor.

(a) In all cases in which, by the laws of this state, the Governor is required to execute any deed of conveyance or patent for any lands sold or granted by the state, the deed of conveyance or patent, when executed by the Governor and countersigned by the Secretary of State, and when the seal of the state shall be affixed thereto, shall convey all the right and title of the state in and to the lands to the purchaser. (b)(1) The deed may be recorded in the office of the recorder of the proper county and shall have the same effect as evidence. (2) A duly certified transcript of the deed or patent taken from the record thereof shall have the same effect as evidence in all the courts in this state as if the deed or patent had been acknowledged and recorded under the existing laws of this state.

Ark. Code Ann. § 18-12-607 Sales of real estate by defunct corporations ratified.

(a) All sales of real estate which was the property of any corporation organized under the laws of the State of Arkansas, when the corporation has expired or ceased to exist, either by limitations, judgment of court, forfeiture of its charter, legislative act, or by surrender of charter, are ratified and declared to be binding and to pass to the purchaser at the sales all the right, title, and interest the corporation has in the real estate at the time of its dissolution and to pass to the purchaser all the right, title, and interest in the State of Arkansas, as trustee, as now provided by law. (b)(1) The deed of conveyance shall have been executed by the proper officers of the corporation at the time of its dissolution or, in the event of their death, absence from the state, or inability to act, the resident stockholders of the corporation shall have a right to select a president and secretary for the purpose of executing and delivering the deed of conveyance. (2) When so executed, the deed shall have the same force and effect as if executed by the proper officers of the corporation prior to the dissolution thereof.

Ark. Code Ann. § 18-12-608 Beneficiary deeds — Terms — Recording required.

(a)(1)(A) A beneficiary deed is a deed without current tangible consideration that conveys upon the death of the owner an ownership interest in real property other than a leasehold or lien interest to a grantee designated by the owner and that expressly states that the deed is not to take effect until the death of the owner. (B)(i) A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner, subject to all conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed . (ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed. (a) All conveyances, assignments, contracts, leases, mortgages, deeds of trust, liens, security pledges, oil, gas, or mineral leases, and other encumbrances made by the owner or to which the real property was subject at the time of the owner's death, whether or not the conveyance or encumbrance was created before or after the execution of the beneficiary deed; and (b) A claim for reimbursement of federal or state benefits by the Department of Human Services from the estate of the grantor or the interest acquired by a grantee of the beneficiary deed under § 20-76-436. (ii) No legal or equitable interest shall vest in the grantee until the death of the owner prior to revocation of the beneficiary deed. (2)(A) The owner may designate multiple grantees under a beneficiary deed. (B) Multiple grantees may be joint tenants with right of survivorship, tenants in common, holders of a tenancy by the entirety, or any other tenancy that is otherwise valid under the laws of this state. (3)(A) The owner may designate one (1) or more successor grantees, including one (1) or more unnamed heirs of the original grantee or grantees, under a beneficiary deed. (B) The condition upon which the interest of a successor grantee vests, such as the failure of the original grantee to survive the grantor, shall be included in the beneficiary deed. (b)(1) If real property is owned as a tenancy by the entirety or as a joint tenancy with the right of survivorship, a beneficiary deed that conveys an interest in the real property to a grantee designated by all of the then surviving owners and that expressly states the beneficiary deed is not to take effect until the death of the last surviving owner transfers the interest to the designated grantee effective upon the death of the last surviving owner. (2)(A) If a beneficiary deed is executed by fewer than all of the owners of real property owned as a tenancy by the entirety or as joint tenants with right of survivorship, the beneficiary deed is valid if the last surviving owner is a person who executed the beneficiary deed. (B) If the last surviving owner did not execute the beneficiary deed, the beneficiary deed is invalid. (c)(1) A beneficiary deed is valid only if the beneficiary deed is recorded before the death of the owner or the last surviving owner as provided by law in the office of the county recorder of the county in which the real property is located. (2) A beneficiary deed may be used to transfer an interest in real property to a trustee of a trust estate even if the trust is revocable and may include one (1) or more unnamed successor trustees as successor grantees. (d)(1) A beneficiary deed may be revoked at any time by the owner or, if there is more than one (1) owner, by any of the owners who executed the beneficiary deed. (2) To be effective, the revocation shall be: (A) Executed before the death of the owner who executes the revocation; and (B) Recorded in the office of the county recorder of the county in which the real property is located before the death of the owner as provided by law. (3) If the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner and recorded before the death of the last surviving owner. (4) A beneficiary deed that complies with this section may not be revoked, altered, or amended by the provisions of the owner's will. (e) If an owner executes more than one (1) beneficiary deed concerning the same real property, the recorded beneficiary deed that is last signed before the owner's death is the effective beneficiary deed, regardless of the sequence of recording. (f)(1) This section does not prohibit other methods of conveying real property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner. (2) This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner. (g) A beneficiary deed is sufficient if it complies with other applicable laws and if it is in substantially the following form: (h) The instrument of revocation shall be sufficient if it complies with other applicable laws and is in substantially the following form: “Beneficiary Deed CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE. KNOW ALL PERSONS BY THESE PRESENTS THAT: For a non-monetary, intangible consideration, of value to the Grantor, I (we) hereby convey to (grantee) effective on my (our) death the following described real property: (Legal description) (Signature of grantor(s)) (acknowledgment)” Click to view form. “Revocation of Beneficiary Deed CAUTION: THIS REVOCATION MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE. The undersigned hereby revokes the beneficiary deed recorded on (date), in docket or book at page , or instrument number , records of County, Arkansas. Dated: Signature (acknowledgment)” Click to view form.

Ark. Code Ann. § 18-12-609 Marketability of real property sold at tax sales.

(a) The title to any real property located within the State of Arkansas based upon a deed resulting from a delinquent tax sale is marketable if: (1) The tax deed has been of record for more than fifteen (15) years; (2) Any taxes due have been paid by the tax deed grantee or the heirs or successors of the tax deed grantee for more than fifteen (15) years; (3) No claim of adverse possession of the real property has been asserted or filed of record since the recording of the tax deed; and (4) The taxes for which the tax deed was issued had not been paid before the tax deed was executed and delivered to the tax deed grantee. (b) This section shall not be subject to the additional time to challenge a tax deed given to minors, persons suffering a mental incapacity, or persons serving in the United States Armed Forces during a time of war under § 26-37-203(b). (c)(1) Nothing in this section shall preclude a judicial action to confirm a tax sale or quiet the title to any real property located within this state prior to the time that the title to the real property is considered marketable under subsection (a) of this section. (2) A judicial action to confirm the tax sale or quiet title to real property located in this state eliminates any additional time to redeem the real property or challenge a tax deed under § 26-37-203 or § 26-37-305. (d) This section shall not apply to a tax sale of a severed mineral interest.

Ark. Code Ann. § 18-12-701 Title.

This subchapter shall be known and may be cited as the “Disbursement of Funds as Part of Real Estate Closing and Settlement Services Act”.

Ark. Code Ann. § 18-12-702 Definitions.

As used in this subchapter: (1) “Available for immediate withdrawal as a matter of right” means the following: (A) For any item or draft, when the item or draft has been submitted for collection and payment received; and (B) For any deposited item or draft, when final settlement has occurred; (2) “Closing and settlement services” means those services which benefit the parties to the sale, lease, encumbrance, mortgage, or creation of a secured interest in and to real property, and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust; and (3) “Financial institution” means an entity that is authorized under the laws of this state, another state, or the United States of America to make loans and receive deposits and has its deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.

Ark. Code Ann. § 18-12-703 Closing and settlement services — Disbursement of funds — Penalties.

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

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