How to Find Owners of Properties
in Arkansas
You can conduct a property owner lookup in Arkansas in several ways. One way is to check public documents related to real estate properties at designated government offices. With this, you can search for the owner of a property by address, property type, and other criteria.
As an alternative, you can engage the paid services of third-party agents. Both approaches work well, it all depends on whether or not you want to undertake the search yourself.
Below, we walk you through some ways to undertake an effective property owner search in Arkansas:
Check Your County's Record
County record and circuit clerk offices are responsible for recording documents related to real property. The circuit clerk's office accepts filings of warranty deeds, easements, and other property-related instruments within each county. The office also oversees court docket cases, deeds, mortgages, judgments, liens, and plats.
For all 75 counties in Arkansas, key records for property research include deed and mortgage records, tax records, probate records, and court records. Finding aids for these records are available through county or general microfilm collections. However, the type, date range, and volume of records vary by county.
Here are some county record offices to get you started:
Go to Your County Assessor's Offices
Tax assessor records provide essential information, including the property's current and past deeds. The tax assessor's office maintains these records in the county or city where the property is located.
While some jurisdictions offer online access to these records, it is often necessary to call the office to request specific documents for a title search. In certain cases, a title searcher may need to visit the tax assessor's office in person to retrieve the required information.
Some of Arkansas' county assessors are as follows:
Search Court Records
Probate records, filed following an individual's death, provide detailed legal descriptions of that person's property, including the location and structures on it. Records may also include information on the condition of the structures, along with notes on repairs or renovations.
Loose probate records refer to the collection of original documents gathered throughout the probate process, offering a comprehensive description of the property and estate matters handled during probate.
Check the Arkansas State Archives
Before 1869, tax records in Arkansas documented both real estate and personal property, including legal descriptions and the number of slaves owned. They also included tax assessments on merchants and manufacturers, along with special assessments on certain property types and personal items. These records featured alphabetical lists of property owners who resided outside the county but held property within it.
The Arkansas Constitution of 1868 reformed the tax system by distinguishing between real estate and personal property. Personal property taxes were organized alphabetically by township or school district, while real estate taxes were categorized by legal description and block number. Properties with structures (improved properties) generated more tax revenue than vacant land (unimproved properties).
The Arkansas State Archives houses personal property and real estate tax records on microfilm for all counties in the state. The state archives' online database allows users to search for finding aids for these records.
Enlist the Help of a Title Agency
Conducting a property owner search in Arkansas can be far more complex, especially if you are looking for different properties across multiple counties. In many cases, essential documents may not be available online.
Obtaining complete title records may involve visiting the courthouse in person to retrieve physical copies. Engaging a title search company streamlines this process, saving you the time and effort of navigating online and offline systems.
Beyond reducing the hassle, title search companies provide additional benefits. For instance, self-title searches can be frustrating due to the absence of standardized reporting formats, often requiring careful interpretation of documents. Title companies typically deliver clear, easy-to-understand reports, ensuring a smoother experience for property owners and buyers.
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Consult a Commercial Service Provider
Commercial service providers like PropertyChecker.com can simplify property owner searches in Arkansas. PropertyChecker.com provides access to a comprehensive, up-to-date database of all properties in the state, offering multiple search options.
You can find a property owner by address, parcel ID, phone number, or email. The platform helps identify both current and past owners and can uncover ownership hidden behind legal or business entities.
What Are the Different Types of Property Ownership in Arkansas?
Sole ownership, tenants in common, joint tenancy, and life estates are the common types of property ownership in Arkansas.
Although Arkansas is not one of the nine traditional community property states, it recognizes community property for spouses who move to the state from a community property jurisdiction. If a property was classified as a community property before the move, it retains that status in the event of divorce or death.
This means that a property acquired by one spouse in a community property state, such as an investment or vacation home, will still be treated as a community property, regardless of whether the owner later becomes a resident.
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Sole Proprietorship
In this form of ownership, a single individual or entity holds full ownership of the property, with no other co-owners. While this may seem straightforward, there is a nuance that can impact sole ownership.
If the owner is married and the property serves as the family's homestead, the spouse may be required to sign the deed when the property is sold or refinanced. This requirement arises from the legal doctrine of dower and curtesy.
Exceptions to dower and curtesy apply in cases involving taxes, mechanic's liens, or purchase money mortgages. A purchase money mortgage allows one spouse to acquire title independently, provided the mortgage does not exceed the property's purchase price.
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Tenancy in Common
In Arkansas, tenants in common is the default form of co-ownership. When two parties purchase real estate together, such as for rental purposes, they both hold ownership rights, making them tenants in common.
This arrangement carries legal implications, particularly in the event of a sale or the death of one owner. If either co-owner is married, their spouse has marital rights, also known as curtesy rights, to the property.
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Joint Tenancy
In Arkansas, marital rights do not automatically apply to property held in joint tenancy. This means that if you marry, your spouse does not gain rights to your share of the joint tenancy property.
Additionally, property held in joint tenancy cannot be passed to others through a will, as ownership transfers directly to the surviving joint tenant upon your death.
A licensed attorney must prepare, or supervise the preparation of, any amendment to a real estate deed to include a joint tenancy with the right of survivorship.
Here is a snapshot of different types of ownership in Arkansas:
| Ownership Structure | Description | Benefits | Implications |
|---|---|---|---|
| Sole Ownership | A single individual or entity holds full ownership of the property, with no other co-owners. | Absolute control over the property. | If the owner is married and the property serves as the family's homestead, the spouse may be required to sign the deed when the property is sold or refinanced. |
| Joint Tenancy | Two or more people hold joint title to the property. | Expenses of property maintenance, tax obligations, insurance, etc., are shared between the joint tenants. | Property held in joint tenancy cannot be passed to others through a will. |
| Tenants in Common | Two parties purchase real estate together, such as for rental purposes. Both hold ownership rights. | Each owner has the right to occupy and use all of the property while the ownership percentages define the financial ownership of the real estate. | If either co-owner is married, their spouse has marital rights, also known as curtesy rights, to the property. |
| Life Estate Tenants | You have the right to occupy property during your lifetime through a life estate. | The owner has full control of the property during their lifetime. | When you die, people called the remaindermen instantly become the owners. |
Common Methods of Property Transfer in Arkansas
The title to real property establishes legal ownership, typically detailed in the deed, which identifies both the owner and the form of ownership. However, property ownership extends beyond simply acquiring real estate and registering it in your name. It bears various structures, each carrying unique practical, financial, and legal implications.
State laws govern property rights, with factors such as marital status potentially influencing ownership. Deciding how to title property may arise at different stages, whether purchasing, transferring during your lifetime, or distributing it through your estate.
Understanding the different forms of ownership is essential to making informed decisions, including whether probate will be required for any transfers through a will. The state of Arkansas recognizes the following methods of property transfer.
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Warranty Deed
In Arkansas, individuals can legally transfer all lands, tenements, and hereditaments through a written deed. A warranty deed is commonly used to transfer real estate, assuring that the grantor holds a clear title and has the legal right to sell the property.
A warranty deed includes the terms "grant, bargain, and sell", which serve as a covenant to the grantee, their heirs, and assigns. This covenant guarantees that the grantor holds an indefeasible estate in fee simple, free from any encumbrances caused or permitted by the grantor, except for any rents or services explicitly reserved in the deed. It also ensures the grantee's right to quiet enjoyment of the property, protected from claims by the grantor, their heirs, assigns, or any other parties unless otherwise limited by the deed's language.
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Quitclaim Deed
To transfer real property, the grantor must either be of legal age or appoint an agent to act on their behalf. A quitclaim deed must meet several specific requirements for validity:
- The original signatures of the grantor or their authorized agent
- A title that clearly states the document's purpose
- Reference to the book, page number, or serial number of the previously recorded deed
- Name and address of the person to whom the document should be returned after recording
- Names and mailing addresses of both the grantor and grantee
- The recording district where it will be filed
- A complete legal description of the property
The deed must also specify the consideration paid, typically in monetary form. It must be signed and dated with an acknowledgment from a notary or another official authorized to administer oaths and certify signatures.
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Special Warranty Deed
This type of deed provides more limited guarantees than a general warranty deed, as the grantor offers fewer covenants of warranty. The use of the words "grant, bargain, and sell" establishes express covenants to the grantee, ensuring that the grantor holds an indefeasible estate in fee simple, free from encumbrances caused or permitted by the grantor.
A special warranty deed also means the grantee has the right to quiet enjoyment of the property against the grantor, their heirs, and assigns, and against claims by others, unless specifically limited by the deed.
To validate a special warranty deed in Arkansas, the grantor must execute it in the presence of two disinterested witnesses or acknowledge it before two such witnesses, who must then sign the deed.
Other deeds you are likely to find in Arkansas include:
- Beneficiary deed: This is a legally approved "pay-on-death deed" which does not convey any current ownership of the property. It becomes an irreversible transfer upon the owner's death.
- Fiduciary deed: A deed issued by a court-appointed fiduciary, such as a guardian, executor, receiver, or administrator. It may or may not provide a warranty, typically transferring only the right, title, and interest held by the individual or entity the fiduciary represents in the property.
Step-by-Step Guide to Property Transfer in Arkansas
Land transfers occur for various reasons, such as property sales, inheritance, or divorce. A deed functions as the official legal instrument used to convey ownership.
In Arkansas, the transfer of property requires the preparation of a new deed that complies with all legal standards, including the signature and seal of a notary.
Given the legal complexities involved, it is advisable to seek professional guidance when drafting the required documents. Here is a quick preview of the steps you need to take to transfer property in Arkansas:
- Locate the title: Before transferring ownership, gather details about the property's title. Obtain the original title from the current owner or request a copy from the county circuit clerk's office.
- Complete the deed form: Fill out the form with key details, including the names of the grantor and grantee, a description of the property, and the transfer tax amount.
- File the tax affidavit: Prepare a tax assessment affidavit indicating the transfer tax amount or providing the reason for an exemption. The grantee must sign this affidavit.
In Arkansas, a real property transfer tax applies to real estate transactions involving payments exceeding $100. The total transfer tax rate is $3.30 per $1,000 of consideration, with two-thirds of this amount payable by the new owner.
Counties may also have their own tax obligations, so keep an eye on county-specific taxes.
- Sign and notarize the deed: The grantor, along with their spouse if required, must sign the deed in the presence of a notary public.
- Submit to the county: File the completed quitclaim deed, along with the tax affidavit and any required payments, with the circuit clerk's office in the county where the property is located.
Arkansas Homeowner Lookup
- Owner(s)
- Deed Records
- Loans & Liens
- Values
- Taxes
- Building Permits
- Purchase History
- Property Details
- And More!
Arkansas Homeowner Lookup
- Owner(s)
- Deed Records
- Loans & Liens
- Values
- Taxes
- Building Permits
- Purchase History
- Property Details
- And More!