Find the right Arkansas real estate form

Arkansas deed law is primarily found in Title 18 of the Arkansas Code. When transferring real property, particular attention should be given to ownership structure, spousal rights, and statutory execution requirements.

When two or more persons acquire real estate in Arkansas, the default form of ownership is tenancy in common unless the deed expressly declares a joint tenancy (Ark. Code 18-12-603). Tenants in common do not have survivorship rights; upon the death of one owner, that interest passes through the deceased owner’s estate.

If co-owners want survivorship rights, the deed must clearly state that the property is held as joint tenants with right of survivorship (18-12-106). Proper vesting language is essential to avoid unintended probate consequences.

Arkansas retains traditional spousal protections. A married grantor must address dower or curtesy rights when conveying property. The most common method is for the spouse to join in the execution of the deed (18-12-402). If the property is identified as homestead, the deed is not valid unless the spouse joins in execution or conveys by separate instrument and acknowledges it (18-12-403).

Although Arkansas does not mandate a single statutory deed form, it recognizes specific language that creates binding warranty covenants. Use of the words “grant, bargain, and sell” in a conveyance implies that the grantor holds indefeasible fee simple title, that the property is free from encumbrances caused by the grantor, and that the grantor will defend the grantee’s quiet enjoyment unless otherwise limited (18-12-102).

However, statutory warranty covenants do not extend to taxes or assessments imposed by improvement districts. Those liens run with the land and are assumed by the grantee unless otherwise stated in the deed (18-12-102).

The term “heirs” is not required to create a fee simple estate. Arkansas law presumes a conveyance transfers a complete fee simple interest unless expressly limited (18-12-105).

Execution of a deed in Arkansas requires the presence of two disinterested witnesses, one of whom may be the notary or other authorized officer (16-47-106; 18-12-104). All deeds must be acknowledged before they are eligible for recording (18-12-201).

Recording requirements are governed by Title 14. Documents must generally:

• Be printed on 8.5 x 11 inch paper
• Include a 2-inch top margin on the first page and a 2-inch bottom margin on the final page
• Contain appropriate side margins
• Clearly identify the instrument by title (for example, “Warranty Deed” or “Quitclaim Deed”)
• Include the full names of all grantors and grantees
• Contain a statement beginning with “This instrument was prepared by…” followed by the preparer’s name and address (14-15-402; 14-15-403)

Once properly executed, the deed must be recorded in the office of the county recorder where the property is located. Recording provides constructive notice to all persons from the time the instrument is filed (14-15-404). The recorder will mark the document with the date of receipt and the book and page reference where it is entered into the records (14-15-412).

Arkansas follows a notice recording system. An unrecorded deed may be valid between the parties, but a subsequent bona fide purchaser who records without notice of the earlier conveyance will generally prevail. In practical terms, failure to record promptly can result in loss of priority if the same property is later conveyed to another purchaser who records first.

Careful attention to vesting language, spousal requirements, witnessing, and recording formalities is essential to ensure a valid and protected transfer of real estate in Arkansas.