Understanding property boundary laws, fence regulations, and dispute resolution in Arkansas.
Arkansas property line laws feature one of the shorter adverse possession periods in the country at just 7 years. The state's mix of open-range and closed-range counties means fence obligations vary by location. From the Ozark Mountains to the Mississippi Delta, boundary disputes frequently involve timber rights, old fence lines, and natural features like creeks and ridgelines referenced in historic deeds.
Fence laws determine who is responsible for building and maintaining boundary fences between neighboring properties. In Arkansas, understanding these rules can prevent costly disputes with neighbors.
Arkansas follows: open range in some counties, closed in others
Arkansas operates under a county-option system. Some counties remain open range while others have adopted closed-range ordinances. In closed-range counties, livestock owners must contain their animals. The duty to maintain partition fences is shared between adjoining landowners in most situations.
Arkansas does not have a statewide fence notification requirement. Local ordinances and county regulations may impose setback or notice requirements.
Arkansas does not have a specific spite fence statute. Courts may address malicious fence construction through general nuisance claims.
Adverse possession is a legal doctrine that allows someone to claim ownership of land they have occupied openly and continuously for a certain number of years. Understanding these rules is important for protecting your property rights.
Statute of Limitations: 7 years in Arkansas
Claimant must show actual, open, notorious, continuous, exclusive, and hostile possession for 7 years under color of title, or 7 years with payment of taxes. Without color of title, the period is 7 years of continuous cultivation or improvement.
If you are a property owner in Arkansas, knowing the adverse possession period helps you understand the importance of monitoring your boundaries and addressing encroachments promptly. Regular boundary checks can help protect your ownership rights.
Timber trespass occurs when someone cuts, removes, or damages trees on another person's property without permission. Arkansas law provides significant penalties to deter this behavior and compensate affected property owners.
Penalty: triple damages
Ark. Code § 18-60-102 provides for treble damages for willful and intentional timber trespass on another's land.
To avoid accidental timber trespass, always verify your property boundaries before clearing trees or brush near boundary lines. Even unintentional cutting on a neighbor's land can result in significant liability.
Boundary disputes between neighbors are common and can arise from unclear property lines, encroaching structures, or conflicting surveys. Arkansas offers several paths to resolve these disagreements.
Boundary disputes in Arkansas are resolved through circuit court. The doctrine of acquiescence is recognized, meaning long-accepted boundary lines may be upheld even if they differ from the surveyed line. Quiet title actions are available.
Quiet title actions are filed in circuit court in the county where the property is located. All known and unknown claimants must be served or given notice by publication.
The best way to prevent boundary disputes is to know exactly where your property lines are. Having a clear understanding of your boundaries before issues arise saves time, money, and relationships with neighbors.
An easement grants someone the legal right to use a portion of your property for a specific purpose. Understanding the easements that affect your land is essential for knowing your full property rights.
Common easements include utility easements, timber access roads, drainage easements, and agricultural access easements. Prescriptive easements for road access to landlocked parcels are particularly common in the Ozarks.
Prescriptive Easement Period: 7 years in Arkansas
A prescriptive easement can be established when someone uses a portion of your property openly and continuously for the statutory period without your permission. Like adverse possession, monitoring your property boundaries regularly can help prevent prescriptive easement claims.
Knowing your exact property lines is the foundation of protecting your rights under Arkansas law. Here are the most common ways to determine where your boundaries are:
Before spending hundreds on a survey, use ParcelVision to see your property lines in augmented reality on your iPhone. Search any address in Arkansas and walk your boundaries in minutes.
Download ParcelVision — $14.99/PropertyThis page is for informational purposes only and does not constitute legal advice. Property laws vary by jurisdiction and may change. Consult a licensed attorney in Arkansas for legal guidance on property boundary matters.
Arkansas has one of the shortest adverse possession periods in the U.S. at 7 years. The claimant must have color of title or pay taxes on the property during the possession period.
Under Ark. Code § 18-60-102, you can recover treble (triple) damages for willful and intentional timber trespass. This can result in significant financial penalties for the trespasser.
Arkansas uses a county-option system where each county decides whether to be open or closed range. In open-range counties, livestock can roam freely. In closed-range counties, livestock owners must fence their animals in.
Download ParcelVision, search any address, and see boundary lines on the ground in minutes.
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