Property Disputes in Arkansas
Property disputes in Arkansas are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear. Find out what you can do if you have a property dispute in Arkansas. Discover the legal remedies and actions that can help you clear up a misunderstanding or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Arkansas property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
In 2001, Arkansas eliminated separate courts of law and courts of equity in the state. Consequently, the Circuit Courts are general jurisdiction trial courts that now hear property dispute cases.
Common Types of Arkansas Property Disputes
Often, the result of a property dispute in Arkansas is the plaintiff will receive compensation to cover their losses. The most common property disputes include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagree over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Arkansas where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Arkansas Property Disputes
According to the Arkansas Forestry Commission, you cannot destroy or carry away any tree, timber, lumber, staves, or shingles without the owner’s consent. If this is done knowingly, the perpetrator is liable to the owner for double the value. This also applies to anyone who knowingly aids and abets this action, or knowingly purchases any of this lumber.
According to the Journal of Food & Law Policy, Arkansas enacted its right-to-farm law in 1981. This law provides agricultural producers in Arkansas with statutory defenses to nuisance challenges. In fact, the Arkansas Code states that the state aims to conserve and protect its agricultural lands for the production of food and other products. Furthermore, the statute strictly limits the circumstances under which agricultural operations may be deemed a nuisance.
Legal Process for Boundary Disputes in Arkansas
Has someone brought a property dispute against you in Arkansas, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Arkansas property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
According to the University of Arkansas, Arkansas has statutory requirements for claiming ownership of another person’s land, also known as adverse possession. Specifically, you must show the color of the title, payment of taxes, and that the true owner has not paid taxes. For example, if one who pays taxes for seven years and holds the color of the title of “unimproved and unenclosed” property is deemed to be in possession.
Try to Find a Solution with Your Neighbor
Dispute litigation in can be expensive and time-consuming, often taking months or even years to resolve. That’s why it’s worth exploring options to resolve the issue directly with your neighbor. Reaching an agreement outside of court can save both time and money.
Start by communicating with your neighbor directly. This might involve sending a letter, an email, making a phone call, or visiting their home—provided it’s a safe option.
If these efforts fail and you’re unable to find common ground, it may be time to consider taking legal action to resolve the dispute.
Send a Demand Letter
At this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
This letter will be from your Arkansas attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Go to Court or Reach a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will look closely at the evidence presented and determine who owns the Arkansas property in question. If you can’t reach an agreement, then the court will make a final decision based on the evidence you both submit. The court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it is always in your best interest to settle.
Work With an Experienced Local Property Dispute Lawyer in Arkansas
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer who understands Arkansas property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Arkansas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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