Buying a home is an exciting time! All new homeowners in Arkansas need to be aware of specific laws that may impact their purchase. Although laws may vary from state to state, there are certain Arkansas property laws that must be taken into consideration. Understanding these regulations can help ensure a smooth transition into homeownership.
Much of the law in Arkansas is established by state statutes that are written, amended, and enforced by the Arkansas legislature. Additionally, Arkansas real estate regulations vary by county, making it important to research the specific jurisdiction you’re purchasing in.
It’s also important to understand zoning laws and easement laws that are specific to the area you’re purchasing in, as they determine how an owner may use the property. Finally, Arkansas tax lien laws must be considered when purchasing property, as failure to pay taxes on property may result in losing the property.
Zoning Laws
Zoning is an important aspect of property law, and it helps regulate land use. Depending on the area, zoning may be broken down into residential, commercial, and industrial. Within each zone there may be zoning ordinances such as land use, minimum lot size, maximum building heights, and other restrictions. Additionally, there may be special local ordinances governing specific areas.
It is important to research zoning laws before purchasing property as to be sure that the intended use of the land matches the local zoning regulations. Failure to comply with zoning regulations can result in fines or even loss of the property.
Easement Laws
An easement is a right to use the property of another for a specific purpose. Common types of easements include water and utility easements or right of way for a road. Depending on the type of easement, additional restrictions may be required.
Typically, an easement for a road is given to a municipality or a county, and it grants them the right to maintain a road without actually purchasing it. Similarly, water and utility easements, as the name suggests, grant the right to access things like water, electricity, and phone lines.
It is important to understand the implications of an easement before purchasing property, as certain necessities (such as access to roads and utilities) may be restricted by the easement.
Tax Lien Laws
When a homeowner is delinquent on paying property taxes, the state may place a lien on the property. Tax liens may be enforced by the state for any unpaid personal or corporate taxes. Depending on the state, tax lien laws may also initiate a foreclosure for the property.
- When considering a property purchase, research the tax lien laws for the area you’re in
- Make sure that all back taxes have been paid prior to purchasing a property
- It is important to be aware of any tax liens associated with the property
Conclusion
Understanding these essential Arkansas property laws can help ensure a prosperous and secure investment in your new home. By researching zoning, easement, and tax lien laws specific to the area you’re purchasing in, you can make an informed decision on your dream home.