§ 18-61-101 — Actions to recover land, tenements, or hereditaments

Arkansas § 18-61-101

• Jurisdiction: Arkansas
• Title: 18

Text

(a) (1) No person or his or her heirs shall have, sue, or maintain any action or suit, either in law or equity, for any lands, tenements, or hereditaments after seven (7) years once his or her right to commence, have, or maintain the suit shall have come, fallen, or accrued. (2) All suits, either in law or equity, for the recovery of any lands, tenements, or hereditaments shall be had and sued within seven (7) years next after the title or cause of action accrued and no time after the seven (7) years shall have passed. (b) If any person who is, or shall be, entitled to commence and prosecute a suit or action in law or equity is, or shall be, at the time the right or title first accrued come or fallen within the age of twenty-one (21) or non compos mentis, the person or his or her heirs, shall and may, notwithstanding the seven (7) years may have expired, bring his or her suit or action if the infant or non compos mentis, or his or her heirs, shall bring it within three (3) years next after full age or coming of sound mind. (c) No cumulative disability shall prevent the bar formed and constituted by the saving of this section. (d) This section shall not apply to lands which have been sold to any improvement district of any kind or character for taxes due the districts, nor to any taxes due any improvement districts, but the lien of these taxes shall continue until paid. (e) (1) Subsections (a)-(c) of this section do not apply to the circumstances set forth in subdivisions (e)(2) and (3) of this section. (2) The public's right to use an unpaved road established by an easement is abandoned if: (A) Access is denied by a gate across the road; and (B) The gate is closed and locked continuously, other than briefly to allow access by the owner or others with the owner's express permission, for one (1) year. (3) An action to assert the public's right to use an unpaved road established by an easement is barred after the easement is abandoned under subdivision (e)(2) of this section. (4) This subsection does not apply to: (A) A road or highway maintained by the State of Arkansas; (B) A road maintained or accepted for perpetual maintenance by a county; (C) A road maintained by an improvement district; (D) A road within the jurisdictional limits of a city of the first class or city of the second class; or (E) The claim or right of any person, his or her heirs, successors, assigns, or tenants who use the unpaved road as a means of ingress and egress to lands owned or leased by that person, his or her heirs, successors, assigns, or tenants.

Legislative History

Amended by Act 2015, No. 1006,§ 1, eff. 7/22/2015. Acts 1851, § 2, p. 145; 1919, No. 100, § 1; C. & M. Dig., § 6942; Pope's Dig., § 8918; Acts 1945, No. 82, § 1; A.S.A. 1947, § 37-101.