Arkansas Property Code #4

We’re into the subchapter of the Arkansas Property Code called “Real Property”, covering specifically land and the buildings affixed to land. Our first provision is sec. 18-11-101, entitled “Capacity of Aliens to Take and Transfer Land”.

As you might imagine, it’s not these aliens, but rather the kind of aliens more likely to offend Jim Holt.

The statute is rather straightforward. Essentially, it states that even if you’re not a citizen you can buy, sell, own or inherit real property in this state. If an alien owning land in Arkansas dies, then their land is transferred to their heirs just as if they were a citizen. So if they had a valid will, via the will. If they died without a will, Arkansas statutes regarding transfer of property in that situation apply.

The case law referenced in the annotations notes that an alien can claim the homestead credit, their spouse can elect their dower interest, and they can take by adverse possession (a concept we’ll discuss later).