How to Access Property Records in Arkansas

What Information Can You Find in Arkansas Property Records?

A property history search can yield an enormous amount of information, more than you might expect. However, the different types vary greatly. If you want the whole story, you will want to explore all the records pertaining to a single property.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are among the most common types of property records. They transfer ownership of property and provide the public chain of title. Deeds also contain information about the property and its owners.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Everyone who owns property must pay annual taxes on it. Property Taxes in Arkansas,pay for road maintenance, police departments, firefighters, and local county government salaries, among other things. They are essential to the local economy.

The local county tax assessor values property and sets tax rates in Arkansas. The state has some of the lowest property taxes in the country, with an average effective tax rate of 0.57%. However, tax rates do vary by county.

Property tax documents in Arkansas contain the following information:

• Identifying Information - The document contains the property's address, parcel number, description, and other information that specifies the parcel.
• Assessed Value - The value is determined by the local assessor and documented on the record as the basis for calculating taxes.
• Tax Rates - The document will contain the average tax rate for the area.
• Exemptions - the document will provide any deductions or exemptions. For example, agricultural or homestead exemptions.
• Property Characteristics - The document may include the number of bedrooms, land size, building size, and rooms.
• Liens - Property records may include information about outstanding tax liens or delinquencies associated with the property.

How Often is Property Tax in Arkansas Assessed?

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:

• Identification - The local government assessor identifies and locates the taxable property using property records and maps. The assessor will find property characteristics and details of ownership.
• Inspection - The assessor conducts physical inspections to note features, conditions, and changes that may affect the property's value. If present, the inspector will document relevant details such as dimensions and the quality of the construction.
• Data Collection and Analysis - The assessor collects data on the factors influencing property value. This data can include the sales price of similar properties, market trends, and rental income. The assessor then uses the data to determine the assessed value through a sales comparison, income, or cost approach.
• Valuation - The assessor assigns a value to each property based on its fair market value or its value as determined by state guidelines.
• Notification - The property owner receives a notice or tax statement notifying them of their property's assessed value.

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.

Property Liens and Encumbrances in Arkansas

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.

• Mortgage Liens - Mortgage liens are very common and not necessarily negative. Most people have a mortgage and lien, which remains on the property until the loan is paid off. If you fail to make your payments, the lender will foreclose and sell the property to pay off the loan.

  Mortgage documents contain the following information:

  • Names of Parties - The mortgage identifies the parties involved with their addresses and contact information. It will also include the obligations of both parties.
  • Terms - Every mortgage document must include the terms of the loan. It will outline the interest rate, initial loan amount, maturity date, repayment schedule, and payment amount.
  • Property Information - The document will describe the property subject to mortgage by address, number, and other relevant information.
  • Liens - This section lists any encumbrances and liens on the property. It may also include details of previous mortgages, judgments, and claims involving the title.
  • Miscellaneous Documents - Mortgages may contain additional documents related to the transaction.

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.

• Mechanic's Liens - When contractors, laborers, landscapers, and others work on your home, and you do not pay them, they can put a lien on the property. Once the house is sold, they will be paid from the proceeds.
• Tax Liens - If you fail to pay your annual property taxes, the local county tax assessor can impose a lien on your property. They will eventually foreclose and sell the property at auction, and you will have to move out.
• Judgment Liens - Creditors use judgment liens the same way contractors use mechanic's liens. They must sue you in court and win before proceeding with foreclosure. They will sell the property for far less than fair market value to repay the loan.

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:

• The lender must serve a 'Notice to Owner' before filing the lien at least ten days before filing it. The notice is a warning to the property owner to clear the debt or come to an agreement with the lender.
• If the borrower takes no action, the lender may file a lien with the Circuit Court. The lien form must include the claimant and property owner's information, the description of labor or materials provided, the date of last supply or work done, a description of the property, and an affidavit of compliance with notice requirements and copies of each notice required.
• The debtor may pay the debt within the given period. If not, the lienholder may pursue enforcement actions to collect the debt. These usually involve legal processes such as foreclosure and property sales.

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 property's boundaries, whereas plats also show the boundaries of all the neighboring properties. Plats and surveys accompany deeds.

Survey documents will contain the following:

• Boundary Lines - A survey document will clearly depict the property's boundary lines.
• Corners - The document includes physical markers or corners placed at specific points along the boundary lines.
• Topography - A survey document may note any contours and elevations within the property.
• Surveyor's Certification - The document includes a surveyor's certification statement affirming accuracy and compliance with the necessary standards.
• Flood Zones - The survey document shows information about flood zones and floodplain boundaries, if applicable.

Property Descriptions and Boundaries in Arkansas

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

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 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 determine who owns what.

Foreclosures

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-foreclosure homes are those that are in the process of foreclosure but 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 buy them cheaply and sell them at a profit.