Arkansas real property law governs the ownership of land rather than personal property. The associated rights and obligations of real property have their origins in the common law of Medieval England. They can therefore be difficult to interpret under a modern legal system.

Some aspects of Arkansas land laws will specifically affect business owners. Environmental laws determine how you dispose of the waste that your business creates and zoning laws regulate the type of business you can run on your property.

Keep the following points in mind when you speak with an Arkansas property lawyer:

1. Property is not a tangible object in the strict legal sense. Rather, it is a collection of rights that are protected by Arkansas property laws. These rights include not only ownership but the right of use.

2. A person that possesses land is entitled to protect his ownership against anyone who is unable to demonstrate a superior claim.

3. A consensual transaction such as a sale or a gift is the most common way of obtaining an interest in property. However, ownership may change without the property owner’s consent, as in the case of bankruptcy or some other court judgment.

Action Steps
The best contacts and resources to help you get it done

Obtain insurance from an agent familiar with property law in Arkansas

The property laws in your state will affect the insurance that your particular business needs. Specific types of property insurance include protection from property damage, public liability and rent interruption.

I recommend: Nationwide has agents throughout the country, and its website offers an agent search capability by name or location. Create your own checklist of types of coverage your business will need at Smart Business, which gives the steps to take and types of coverage to consider when obtaining property insurance.

Find a tax lawyer who is familiar with Arkansas real estate law

Taxes generally are higher on business property than residential property and most businesses will require the services of an Arkansas real estate lawyer. This will ensure you pay your taxes on time and receive any deductions that you are allowed.

I recommend: Lawyers.findlaw.com locates real estate attorneys in Arkansas that you can select by city. Select your city at AttorneyLocate.com and then select real estate as the practice area.

Hire an Arkansas real estate attorney to handle real estate transactions

A business owner should have a real estate attorney's assistance in drawing up a contract when buying, selling or renting property. Your attorney can ensure that the contract protects your interests and is legally enforceable.

I recommend: Rogers-based Keith, Miller, Butler, Schneider & Pawlik has a real estate group with specific experience in rezoning and other land use issues. Fort Smith-based Hardin, Jesson & Terry provides a range of legal services for commercial and residential real estate.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Select a lawyer who specializes in Arkansas real property law and is familiar with your particular industry. For example, if you operate an agricultural business, your real estate lawyer should know about the property laws that pertain to farming.