Home About AGFC Press Room RFP and Bid Notices It sounds like breaking and entering – except sometimes it is legal. Bangkok Is Safe for Tourists..but You'll Still Find These Tips Handy, What to Know About Arizona's Vehicle Child Restraint Laws, Essential Guide to the Bihar Sonepur Fair: A Vibrant Rural Fair, Bare It All: Where to Find a Nude Beach in San Diego County, Book a Room at One of The US's 9 Most Haunted Hotels, Creepy, Spooky, and Haunted Sites in the Greater Cleveland Area, Nevada's Liquor Laws and the Legal Drinking Age, Is it Safe to Travel to Kashmir? Basics of Arkansas statutes governing the legal relationship between landlords and tenants, including maximum security deposit allowed by law, time limits for returning deposits, and anti-discrimination laws. Hunting is popular in Arkansas, drawing both residents and visitors, and the state is rich in public lands where hunting seasons are carefully managed to keep a healthy pool of wildlife thriving. Tenant rights and obligations: Landlords must provide notice of at least one rental period before raising the rent. These laws were put into place for the good of the land in the US. Believe it or not, these strange mandates were a part of the Arkansas law books at one point in time. All Rights Reserved. This article covers probate, how to successfully create a valid will in Arkansas, and what happens to your estate if you die without a will. In 2018, he was elected to his first term in office. 18-54) and Fort Smith (Sec. As soon as you realize there are squatters present, make sure that you serve written notice. Arkansas Land Laws Roughly a 45-minute car ride south of Little Rock, Hot Springs which has a hi-tech mantron that tells of its population ranging between 21 years to come. Waiting in line at the drive-thru at night? Training and background checks are required for new permit applications. At this point, they are considered trespassers and are committing a criminal offense. in writing to be enforceable under Arkansas law. In most cases, this is simply ownership of property without having one or more of the proper legal documents that are usually required. If a squatter makes a false claim that they have the right to be on the property, it is illegal. (ARC § 18-11-106). It’s about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. By using Tripsavvy, you accept our, Amanda is a freelance writer and lifelong Little Rock resident who has written more than 200 articles on her hometown, Where to Keep Your Gators and Other Weird Animal Laws. Essentially, if the owner isn’t taking care of the land or isn’t using it, someone who is going to maintain the land can attempt to lay claim to it. § Arkansas law provides rights to both residential tenants and landlords. Actions such as landscaping, cleaning, and other maintaining acts can be documented as proof of actual possession. The home or land can still be transferred, but the person or company must go through a closing process with a title company or attorney who will handle any fees and any paperwork that need to be filed in order to finish the process. (a) The owner, agent, lessee, or assignee of any land, including farm, timber, or otherwise, may notify any person by certified mail, deliver to addressee only or by notice served by any official authorized to serve process to cease any trespass or to stay off the premises of any property belonging to the owner, his or her agent, or assignee. If a person improves a property, they can possibly avoid legal action related to trespassing. The difference is in their jurisdiction, but it’s critical that you call the right law enforcement. 17) provides certain rights for tenants wherever there is a valid written or oral lease. Holdover tenants (sometimes referred to as tenants at sufferance) are tenants that remain on the property after a lease or rental agreement has ended. A trespasser could gain adverse possession even after mistakenly believing the land to be his or her own. In Arkansas, it’s both the trespasser's intent and the possession that matter. If you have a spouse but no children, only one-half of your assets pass to your spouse if you have been married less than three years. Go to Arkansas Code Search | Laws and Statutes 6 Arkansas Weapons Laws o (D) Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect; o (E) Is under twenty-one (21) years of age; o (F) Is an alien, other than an alien who is: (i) Lawfully admitted for permanent residence as defined in 8 U.S.C. In Arkansas, possession or ownership of a firearm is illegal for anyone who has been convicted of a felony, adjudicated to be mentally defective, or committed involuntarily to a mental institution. After they receive a court summons, they have 5 days to object in writing. The squatter or the person attempting to gain adverse possession rights must be the only one who is occupying or using the area. In short, you will need to take these claims to court if you wish to stop an easement from being used. Open & Notorious 18. Otherwise, the home will go into foreclosure. This includes presenting the landowner or landlord with false papers or fraudulent documentation. In this particular legal sense, ‘hostile’ doesn’t mean aggressive or violent. After their disability has ended (whether that means that the minor comes of age, the person is released from prison or returns to sanity), the landowner has 3 years to reassert that they are the rightful owners of the land in question. The deceased might name a personal representative in his will. In Arkansas, if a mortgage is on the property, the payments must continue no matter who takes over the property. Arkansas’ Recreational Use Statute, an owner cannot . In Arkansas, a tenant can make an adverse possession claim if they have occupied the land or building for 7 continuous years. In the US, there are five legal requirements that a squatter must meet before they can make an adverse possession claim. That one got repealed when it proved unenforceable: How do you arrest a river? This is especially important if the property is unoccupied. If no notice is served and the landlord continues to accept rent, the tenant becomes a tenant at will. While not verifiable, that specificity of that one has the ring of truth. Remember that you should be calling the sheriff and not the police. § 18-60-404 - Restriction on right to partition for certain purchasers of land. In addition, if you are facing someone trying to stop you from using an easement already in place, this too results in … 8 Weird Laws That Actually Exist In Arkansas. Squatters do have rights, but they must fulfill the requirements for adverse possession to avoid being arrested as criminal trespassers. Additional provisions of the law are listed in the following table. A person who has gained access to a property without permission in the case of a legitimate emergency may also be exempt from trespassing. Color of Title (in Arkansas). Offer to rent the property to the squatters to come to a peaceful resolution. If you have a spouse but no children, all of your assets pass to your spouse if you have been married for more than three years. Squatters and trespassers can be a landlord’s worst nightmare. Far more degrading was a Little Rock law that allegedly permitted a man to beat his wife with a stick no bigger than three inches wide if he limited those beatings to no more than once a month. Every state has some weird laws, many of them dusty old relics lawmakers never got around to expunging. While most strange Arkansas laws were designed to dissuade human perps, lawmakers tried to put the finger on Mother Nature when they enacted a law forbidding the Arkansas River to rise higher than the Main Street bridge in Little Rock. § 18-60-402 - No verification required. If the judge decides in favor of the landlord, it is within their right to have the squatter legally removed from the property by the county sheriff. A 1904 law limits cow-walking to very specific hours: 10 p.m. to 4 a.m; 9 a.m. to 12 noon, and 1 p.m. to 4 p.m. Adverse possession laws may allow squatters to gain ownership of the property if they meet certain requirements. These are drone laws that apply to every state in the U.S., including Arkansas, and were created by the federal government. Aimed at curbing solicitation, the law is no longer on the books but still makes for amusing reading: Who knew coughing was once considered a seduction technique? § § 18-16-101 to 18-16-306; 18-16-501 to 18-16-509; 18-17-101 to 18-17-913. Tit. County Laws in Arkansas for Riding an ATV on County Roads ... State laws for ATV riding in county trails and road paths are enforced by the state and county police. Local police cannot deal with squatter issues unless there is an actual criminal trespass going on. The Arkansas Land Records Search links below open in a new window and take you to third party websites that provide access to AR public records. Under Arkansas law, a continuous trespasser must occupy a given property for at least seven successive years and pay property taxes. Arkansas is the next state to be conquered in our continuing series of articles analyzing the ATV laws in every state, which stemmed from this article.. Four wheeling must not be super popular in Arkansas, or the riders there are just very respectful, because they haven’t legislated every little … The law defines “charge” to be “an admission fee for permission to go upon or use the land.” xiii . Commissioner Land now devotes his full attention to his duties as Commissioner of State Lands. Some oft-cited Arkansas laws of the past were meant to keep women in line. Weird though some of its laws may be, Arkansas can't hold a candle to Tennessee, where it is still legal to gather and consume road kill. Editors frequently monitor and verify these resources on a routine basis. Ch. Code Ann. Actual To access the statutes, go to the Arkansas Laws and Legal Information section of the Nolo site and find the link to your state laws. Call the sheriff (not the police) to remove squatters if they don’t leave. Civil Actions § 18-601-101  for more information. 2010 Arkansas Code Title 18 - Property Subtitle 5 - Civil Actions Chapter 60 - Miscellaneous Proceedings Relating to Property Subchapter 4 - Partition and Sale of Land § 18-60-401 - Petition. Make sure to put up ‘No Trespassing’ signs. In Arkansas, ‘color of title’ is another requirement for adverse possession claims. Out-of-state visitors frequently run afoul of the law if they mispronounce Arkansas (Ar-kan-saw). They may believe that they are entitled to the land because they’ve improved it, because they have lived there for a number of years continuously, or for a host of other reasons. Arkansas law also recognizes the following types of easements: Easements by Implied Reservation – To establish an easement by implied reservation, a claimant must prove that there was a unity of title between the dominant estate and the servient estate and that a subsequent sale of the property over which the easement is claimed took place. ArkansasLandlord Tenant Rights. The police can remove trespassers right away, but it takes time to remove squatters. The legal definition of color of title may change based on the state. This type of lease does not need to be in writing and meets the less­than­one­year requirement under Arkansas law. This means that the squatter or trespasser makes their occupation of the land obvious to anyone. Arkansas Lease and Rental Agreement Laws. “I have been involved in serving people in different ways most of my adult life, and the Commissioner of State Lands office serves the people of Arkansas,” Commissioner Land … charge any person to use the owner’s property for a recreational purpose. They must treat the land or property as though they are the owner and be actually using it. The actual possession parameter requires that the squatter be physically present on the property. What You Need to Know, Visiting the Arkansas State Capitol Building, Drug Laws in Singapore: The Strictest on the Planet, Things to Know When Going to a University of Florida Football Game, Tripsavvy uses cookies to provide you with a great user experience. They cannot stop using the property or return to it later, or this time period will reset. But, in Arkansas, it is harder than that… The statute requires either that the person holds “color of title” to the land, or “color of title” to land next to the parcel and paid the ad valorem taxes on the parcel. However, if the landlord or the owner of the property has determined that the squatter is unwelcome, it may be treated as a criminal offense. No permit is required when you are “upon a journey” beyond your county of residence. 2. In order to begin an adverse possession claim, the land must not be in use. The sheriff might have the only authority to remove a squatter after the proper steps have been taken. Although most farm leases Arkansas Intestate Succession for Assets Other Than Land 1. Help others by … Arkansas Has an Official Pronunciation . Boiled down, it means you use the land like it is your own land for the required legal period, and the land becomes yours. If these five requirements aren’t met, there are no grounds for adverse possession. Essentially, if the owner isn’t taking care of the land or isn’t using it, someone who is going to maintain the land can attempt to lay claim to it. In some cases, a landowner may have a legal ‘disability’. But Arkansas has more than its share of head-scratchers, governing everything from when you can walk your cow to where you can keep your gator (not in the bathtub!). Still, under certain circumstances, it can be legal and common for squatting to occur in the United States. The 2018 tax delinquent, or tax deed, land auctions will begin April 3, 2018 in Pope County and will continue through September 19, 2018 in Cleburne County, Arkansas. However, there are exceptions to these rules. Tax Deed Properties in Arkansas. While still on the books, it's no longer actively enforced, since cows are rarely spotted strolling along the streets of Little Rock. The typical agricultural land lease is a year­to­year tenancy that automatically renews for one more year if no notice of termination is given. This can be established in the trespasser has made efforts to repair, beautify, or maintain the property. Another oft-cited law, passed in 1918, made it illegal for men and women to flirt on the streets of Little Rock. And dog owners definitely run afoul of the law if their pets are barkers, as a far more recent ordinance states: Cow owners should take heed, too. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. While road kill-consumption makes a certain amount of sense in mountain man country, another alleged old law does not. 16-45), it's illegal to sound the horn on a vehicle after 9 p.m. at any place where cold drinks or sandwiches are served. However, like any state, Arkansas has its own rules and laws surrounding inheritance, including what happens if the decedent dies without a valid will. The Arkansas Game and Fish Commission's mission is to conserve and enhance Arkansas's fish and wildlife and their habitats while promoting sustainable use, public understanding and support. If the squatters do not file this objection, they can be removed from the property by the county sheriff (not the police). Arkansas law ( AR Code. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. State laws having to do with archeological sites and artifacts, historic preservation, human remains, historic cemeteries, and the mission of the Arkansas Archeological Survey can all be found in the Arkansas Code (see the links on this page).