Arkansas Property Records

Arkansas property records are documents and forms that contain essential information about real property and its owners. Some types of property records are informational only, but others perform functions like providing licensing for construction projects and transferring property.

Sources of Property Records in Arkansas

Although life would be easier if all property records were in the same place, they are not. They are spread among many different agencies and offices. The trick is knowing where to go when you need them. If you bought a house, the local county recorder's office would record your new deed. Each county has one, and deeds must be filed with the county where the property resides. For example, Garland County has information about what services the recorder's office provides and how to file deeds.

If you have a problem with your property tax bill, you need to contact the local county tax collector. The state provides a map to help you find your county and the correct tax official to contact. Some counties offer online tax payment options.

If you plan to renovate your home, you need a building permit. Cities and towns issue building permits. For example, Fort Smith, Arkansas, outlines the process for obtaining one.

Arkansas has 75 counties, each with a recorder's office. This office is responsible for recording and maintaining all deeds, mortgages, and related property records. Some can also perform title research, and they perform other functions as needed.

How Property Records are Maintained in Arkansas

Each county decides on its own system of maintaining records. However, whenever a new document arrives, the office stamps it with the date, time, and unique identifier to locate it later. It is then filed and immediately becomes a public record.

Accessing Records at the County Recorder's Office in Arkansas

One of the responsibilities of the county recorder is to provide public access to property records. They do this in person during regular business hours. Some counties also scan and store their records online so residents can search that way. Accessing records means finding the proper county. To get you started, here are a few county offices:

County Recorder's Office Locations in Arkansas

Unfortunately, there is no consolidated list of all county recorder offices in Arkansas. To find the one, you need to do a Google search with the words "county recorder's office" and the county name.

There are dozens of types of property records, each with its own purpose and information. Some perform explicit functions like deeds that transfer ownership and building permits that allow you to renovate. The most common property record types you will find in Arkansas are as follows:

Personal property is assessed annually, and the value is determined on January 1st of each assessment year. The exact date of assessment varies according to the county or general area. The County Assessor's Office determines the assessed value of each property based on factors such as market conditions. The local assessors gather and analyze property data to determine a fair and accurate assessment. The assessment is the basis for calculating party taxes owed. The basic process of property tax assessment is as follows:

Easements and Covenants

Easements and covenants, which are rights of way and restrictions, sometimes appear on deeds. Easements allow someone other than the owner to access the property for a specific purpose. For example, a power company with power lines on private property can enter and maintain its poles without asking the owner. Anyone buying that property will have to agree to these same terms.

Covenants are rules about how you can use the land. You will be familiar with these if you live in a condo development or gated community. An example might be that you cannot put Christmas decorations on the outside of your house.

Plats and Surveys

Plats and surveys are both types of maps. Surveys show the boundaries of the property, whereas plats also show the boundaries of all the neighboring properties. Plats and surveys accompany deeds.

Survey document will contain the following:

Historical Property Records

When property records become too vast, many states offload older records to an archive or historical area. The Arkansas Digital Archives is the agency in charge of old, historical land records.

Building Permits and Regulations in Arkansas

The Arkansas Department of Labor and Licensing oversees all city and town building permit records offices. You can learn about the building codes from this office. If you need a building permit, you should contact the local city or town building inspector's office to apply.

Because property records are public, you have every right to search for and obtain copies of them. Our modern digital age provides many options for searching. Try these methods below to see what works best for you.

Online Property Record Search

As you embark on your property history search, you should first try generic online property records search. Type the property address into a Google search bar and see what comes up. Chances are, you won't immediately see what you need, and you'll need to take things further.

In-Person Property Record Search

You can also visit any of the county recorder's offices to request copies of records. You can only visit during regular business hours, and if they are busy, you may have to wait. They can also charge you a small fee per page.

Using Property Record Indexes

You may also find dozens of property record indexes online. Some may be legitimate, but others may not. Be careful; these repositories are not often updated or correct. Verify any information you get from them.

How to Search Property Records by Address

Searching using the property address is most effective. Type the full property address, including street, city, state, and zip, into a search bar and see what comes up.

How to Search Property Records by Name

You can sometimes search by the owner's name. However, these types of searches may yield unexpected results. You may see an older owner rather than the most current one.

Owning your own home is a wonderful feeling. However, property ownership comes with some serious responsibilities, like maintaining it and paying your mortgage, interest, and taxes. Owner's information does appear in public property records.

Each property in Arkansas has a specific property description designed just for it. These legal property descriptions include map coordinates designating where it is located and a written description including natural landmarks so anyone can find it.

Surveys and Land Measurements

Professional surveyors use specialized equipment to measure land and create accurate boundaries and coordinates so that each piece of property is its own parcel of land. These surveys are used before building new construction, installing underground utilities, and in boundary disputes.

Boundary Disputes and Resolutions

Boundary disputes occur when one party believes another party is encroaching upon their land. These disputes often escalate and end up in court, where a judge must decide. The courts sometimes use surveyors to provide expert testimony to help decide who owns what.

Encumbrances like liens can negatively affect property. Since they are public, they can also hurt the owner's reputation if there are too many or the home goes into foreclosure. Liens, foreclosures, and other negative aspects appear in property records for anyone to see. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

You get to choose whether to allow a voluntary lien on your home. When you take out a loan and use your home as collateral, the lender will place a lien on the home to protect themselves. If you default on the loan, they can foreclose to get paid what you owe.

Involuntary Liens

Involuntary liens are something beyond your control. When you own a debt and fail to pay, the entity can impose a lien on your property. Involuntary liens most often lead to foreclosure and the loss of your home.

The Process of Property Liens in Arkansas

The process of putting a property lien in Arkansas depends on the type of lien. Below is how individuals can put a Mechanic's Lien on a property in Arkansas:

Real estate sales are where you will see a lot of action with property records. Before the sale, the buyer, seller, realtor, attorney, or title company will use property records to gather information. During the process, an appraisal or assessment will be completed, and a new deed will be drafted, replacing the old current deed.

Buying Property: Due Diligence

Before buying any property in Arkansas, you should consider reviewing property records to find out all you can. Check the value and taxes, and look for liens, foreclosures, or other items of interest so you can make an informed decision.

Selling Property: Providing Disclosure

Before selling any property, you must disclose to potential buyers any material defects, such as lead paint, asbestos, foundation issues, or a leaky roof, so they can purchase knowing what they are getting.

Title Searches and Insurance

If you take out a mortgage, your lender will require you to obtain title insurance. This policy protects you and them against any legal claims on the property after the sale. Before closing, your title company or attorney will perform a property title search, looking for any title defects or issues that could ruin the sale.

Foreclosure and Property Records in Arkansas

Foreclosures appear in property records and are available to anyone. A home in foreclosure may be more difficult to sell and may have a lower value than its fair market value. Many regular buyers don't want to deal with the hassles of buying a foreclosure property.

Pre-Foreclosures in Arkansas

Pre-foreclosure homes are those in the process of foreclosure, but they have yet to be sold at auction. Investors seek out these properties because they often cost far less than fair market value, and they can pick them up cheaply and sell them at a profit.

When was the House Built?

If you are curious about when a house was built, look at all the building permits for the property. The first one will tell you when it was originally built, and the deeds will tell you who first owned it.

Property values appear in property records. They help buyers make informed decisions and help tax assessors set tax rates. However, property values can change quickly depending on the local real estate market, inflation, interest rates, and other economic factors.

Assessments and Appraisals

Assessments and appraisals are tools used by professionals to form an opinion of the value of a piece of real property. Tax assessors use assessments to value a property for tax purposes. These values may not match the fair market value (FMV). Appraisers use various methods of valuing a property for the purpose of real estate sales and estate planning. Appraisals aim to find the fair market value and what the house would sell in the current market.

Arkansas property records are public, meaning anyone can review them anytime for no reason. You might find more information than you expected during a property history search. You can access public property records in person or using any of the online options above.

Why are Property Records Public?

Property records are public for two main reasons. First, they prevent any one government agency from gaining too much power over the people. Second, they create a public chain of title showing every owner of a property going back to the first.

How Do I Protect My Personal Information in Property Records?

You cannot remove all your information from public property records, but you can limit your exposure. Contact the agencies and private companies that have your records and ask that they redact anything beyond your name and address. You don't want your email address or phone number showing up online.

Property records are vital when you need them. Therefore, you must keep them updated and correct. The agency holding them will not know to update them if something changes in your life. You will have to do it yourself.