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Our law firm provides general
law services, including:

Estate Planning
     Wills, Trusts, Probate,
     Health Care Proxies,
     Powers of Attorney, Living Wills,
     Tax and Probate Avoidance

Elder Law
     Guardianships, Conservatorships,
     Medicare, Medicaid and
     Assisted Living

Adoption
     Adoptions for Single Parents, Parents,
     Blended Families, Grandparents,
     New Babies, DHS - Department of
     Human Services

Family Law
     Domestic Relations, Divorce
Business and Corporate Law
     Incorporating, Limited Liability
     Company, and Debt Collection

Real Estate Law
     Contracts, Deeds, Notes, Mortgages
Personal Injury

 

 

 

 

 

 

 

 

 

 
Real Estate Q & As

Do I need a survey if I am buying real estate in Arkansas?

A survey is always preferable; however, most property in Arkansas is sold and bought without surveys. You need to make sure that you and your neighbors agree on where the boundaries are before you buy the property. Even this agreement may not be adequate if there is a problem with the legal description.

 When does a fence line become a property line?

When the parties agree or when the fence has been there for more than seven years unless the parties on each side of the fence have agreed that the fence is not the property line.

Which is better, a warranty deed or a quitclaim deed?

A warranty deed is always preferable!

What is the difference between a warranty deed and a quitclaim deed?

The grantor in a warranty deed warrants that the grantor has good and merchantable title to the property, while the grantor in a quitclaim deed conveys only the interest which the grantor has in the property, if any.

Is there a difference between a mortgage and a deed of trust?

These two documents do basically the same thing -- secure a promissory note with real property. You are required to sign either a mortgage or a deed of trust when you borrow money in order to buy real estate. The deed of trust names a third party to hold title until the promissory note is paid in full. The mortgage is more commonly used in Arkansas than the deed of trust.

Do I need a lawyer at closing?

Real estate transactions can be tricky and are usually filled with numerous pages of documents -- documents that require your reading, understanding, and signature. Without a lawyer, you are on your own to either read all of these documents or sign them after someone who is not necessarily representing your interest tells you what these documents mean. It is advisable to have a lawyer with you at closing.

What about adverse possession in Arkansas?

Arkansas has a very short adverse possession statute. If a person claims property adversely for seven (7) or more years, he can petition a court to declare him the owner of the property. Adverse possession requires that a person have continuous, exclusive, adverse and notorius possession of the property for seven (7) years or longer and pay taxes on the property.

Do I need a written contract with my builder if I am building a house on my property?

Yes.

DISCLAIMER:  The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We ask you to contact us by telephone, letter or electronic mail. However, contacting us does not create an attorney-client relationship. Please do not send us any confidential information until requested.



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