Arkansas § 18-12-102 Transfer by deed - Warranty

Arkansas Statutes

§ 18-12-102 — Transfer by deed - Warranty

Arkansas § 18-12-102

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This text of Arkansas § 18-12-102 (Transfer by deed - Warranty) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 18-12-102 (2026).

Text

(a)All lands, tenements, and hereditaments may be aliened and possession thereof transferred by deed without livery of seizin.

(b)The words, "grant, bargain and sell" shall be an express covenant to the grantee, his or her heirs, and assigns that the grantor is seized of an indefeasible estate in fee simple, free from encumbrance done or suffered from the grantor, except rents or services that may be expressly reserved by the deed, as also for the quiet enjoyment thereof against the grantor, his or her heirs, and assigns and from the claim and demand of all other persons whatever, unless limited by express words in the deed.

(c)The grantee, his or her heirs, or assigns, may, in any action, assign breaches as if such covenants were expressly inserted.

(d)As between the grantor and grant

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(a) All lands, tenements, and hereditaments may be aliened and possession thereof transferred by deed without livery of seizin. (b) The words, "grant, bargain and sell" shall be an express covenant to the grantee, his or her heirs, and assigns that the grantor is seized of an indefeasible estate in fee simple, free from encumbrance done or suffered from the grantor, except rents or services that may be expressly reserved by the deed, as also for the quiet enjoyment thereof against the grantor, his or her heirs, and assigns and from the claim and demand of all other persons whatever, unless limited by express words in the deed. (c) The grantee, his or her heirs, or assigns, may, in any action, assign breaches as if such covenants were expressly inserted. (d) As between the grantor and grantee, neither the statutory nor general express covenant of warranty against encumbrances shall be held to cover any taxes or assessments of any improvement district of any kind, whether formed under general statutes authorizing the assessment of lands for local improvements of any kind or whether the improvement district is formed by public or private act of the General Assembly. The lien for any such local assessment or tax shall run with the land and be assumed by the grantee, and the grantee shall pay any and all installments of the tax or assessment becoming due after the execution and delivery of the deed, unless otherwise expressly provided.

Legislative History

Rev. Stat., ch. 31, §§ 1, 2; Acts 1917, No. 332, § 1, p. 1671; C. & M. Dig., §§ 1495, 1496; Pope's Dig., §§ 1795, 1796; A.S.A. 1947, §§ 50-401, 50-402.