XI. PROPERTY LAW

A. ARMED FORCES PERSONNEL. Any person in the armed forces of the United States government during the existence of a state of war between the United States and any other nation may, at any time within one (1) year after the end of the state of war and six (6) months thereafter, maintain a suit for the collection of any debt or the recovery of any real or personal property to which the person may be entitled if the statute of limitations had not run against the

action prior to the person's entry into the armed forces. A.C.A. § 16-56-118(b) (1987).

 

B. LEASES.

 

1. Arrearages of rent. All actions for arrearages in rent not reserved by some instrument in writing, under seal, shall be commenced within three (3) years after the cause of action

accrues. A.C.A. § 16-56-105(2) (1987).

 

2. Default under a lease contract. Any action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four (4) years after the cause of action accrued. The parties, through the original lease contract, may reduce this period to not less than one year. If an action commenced within this time limit is terminated so as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limit above and within six (6) months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute. A.C.A. § 4-2A-506 (1987).

 

3. Oral leases for farm lands. The owner of farm lands which are leased under an oral agreement may elect not to renew the oral rental or lease agreements for the following calendar year by giving written notice by certified registered mail to the renter or lessee, on or before June 30, that the lease or rental agreement will not be renewed for the following calendar year. A.C.A. § 18-16-105 (1987).

 

C. REAL PROPERTY.

 

1. Adverse possession. All suits for the recovery of any lands shall be commenced within seven (7) years after the title or cause of action accrues, except that if the person entitled to bring suit is within the age of twenty-one (21) years or non compos mentis at the time the title or right first accrues, such person shall commence suit within three (3) years after attaining full age or sound mind. A.C.A. § 18-61-101(a), (b) (1987). See also A.C.A. § 9­25-101 regarding exceptions to the age of majority.

2. Dower and curtesy. Inchoate right of dower or curtesy of any spouse in real property is barred when the other spouse has been barred of title or of any interest in the property for seven (7) years or more and also in real property conveyed by one spouse but not signed by the other spouse when the conveyance is made or has been made for seven (7) years or more. However, this section shall not apply unless the instrument of conveyance by the husband or wife has been of record for at least seven (7) years. A.C.A. § 28-11-203 (1987).

 

3. Ejectment.

 

a. Action of ejectment. No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his testator or intestate, has been five (5) years out of possession. A.C.A. § 18-61-103 (1987).

 

b. Limitation on mesne profits. In recoveries against occupants, no account for any mesne profits shall be allowed unless the same has accrued within three (3) years prior to the commencement of the suit. A.C.A. § 18-60-213(d) (1987).

 

4. Entry upon land. No entry upon land is valid as a claim unless an action is commenced thereon within one (1) year after such entry and within seven (7) years from the time when the right to make such entry accrued or descended. A.C.A. § 18-61-102 (1987).

5. Escheated estate.

 

a. Escheat of real property. When the prosecuting attorney for the district has been informed or has reason to believe that any real estate within his district has escheated to the county and the estate has not been sold, according to law, within three (3) years after the death of the person last seized for the payment of the debts of the deceased, he shall file an information, in behalf of the county, in the circuit court of the county in which the. estate is situated. A.C.A. § 28-13-106(a) (1987).

 

b. Reclamation of escheated property. If any person appears within seven (7) years after the death of the intestate and claims any money paid into the treasury under this chapter as heir or legal representative, he may file a petition in the circuit court, or the

court having chancery jurisdiction for the county in which the decedent resided at death, stating the nature of his claim and praying that such money may be paid to him. A.C.A. § 28-13-110(a)(1) (1987).

 

6. Levee or drainage district: action for damages for appropriation of land. All actions for the recovery of damages against any levee or drainage district for the appropriation of land, or the construction or maintenance of either levees or drains, shall be instituted within one (1) year after the construction of such levees or drains. A.C.A. § 18-15-1009(a) (1987).

7. Quiet title decree: setting aside. Persons may appear within three (3) years and set aside a quiet title decree if they offer to file a meritorious defense; however, every person

laboring under the disability of infancy, lunacy or idiocy, and those claiming under them, may set aside the decree at any time within three (3) years after the removal of their disability. A.C.A. § 18-60-510 (1987).

 

8. Redemption.

 

a. Actions to recover land, tenements, or hereditaments. No person or his 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 right to commence, have, or maintain the suit shall have come, fallen, or accrued. 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. 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) years or non compos mentis, the person or his heirs, shall and may, notwithstanding the seven (7) years may have expired, bring his suit or action if the infant or non compos mentis, or his heirs, shall bring it within three (3) years next after full age or coming of sound mind. A.C.A. § 18-61-101 (1987).

 

b. Ejectment. No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his testator or intestate, has been five (5) years out of possession. A.C.A § 18-61-103 (1987).

 

c. Entry upon land or tenements. No entry upon lands or tenements shall be deemed sufficient or valid as a claim unless an action is commenced thereon within one (1) year after the entry and within seven (7) years from the time when the right to make the entry descended or accrued. A.C.A. § 18-61-102 (1987).

 

d. Execution of judgments on real estate. Lands sold under execution may be redeemed by the debtor within twelve (12) months of sale. A.C.A. § 16-66-502 (1987).

 

e. Fire protection district taxes. The owner of property sold for taxes thereunder shall have the right to redeem it at any time within two (2) years from the time when his lands have been stricken off by the commissioner making the sale. A.C.A. § 14-284­113(c) (Repl. 1998).

 

f. Forcible entry and detainer - Unlawful detainer. Three (3) years peaceable and uninterrupted possession of the premises immediately preceding the filing of a complaint for forcible entry and detainer or unlawful detainer may be pleaded by any defendant in bar of the plaintiff's demand for possession. A.C.A. § 18-61-104 (1987).

 

g. Life estates. A life estate is forfeited one (1) year after the lands are sold for nonpayment of taxes, if the life tenant does not redeem. Thereafter, the remainderman or reversioner may redeem in the same manner that other lands may be redeemed after being sold for taxes. A.C.A. § 26-35-302 (Repl. 1997).

h. Municipal property owner's districts taxes. Lands to be sold for by the Commission of State Lands for delinquent municipal property owners' districts taxes may be redeemed by the owner or interested party within two (2) years or longer as provided in the notice to the owner or interested party after the land is certified to the Commissioner of State Lands. A.C.A. § 26-37-301(b) (Repl. 1997). At any time within thirty (30) days after the rendition of the final decree of the chancery court provided for in this subchapter, the owner of the lands may file his petition in the court rendering the decree, alleging the payment of taxes on the land for the year for which they were sold and payment of all costs associated with the enforcement of the provisions of this chapter, including attorney's fees. A.C.A. § 14-94-122(j) (Repl. 1998).

 

i. Recovery of lands held under tax title. No action for the recovery of any lands, or for the possession thereof against any person or persons, their heirs and assigns, who may hold such lands by virtue of a purchase thereof at a sale by the collector, or Commissioner of State Lands, for the nonpayment of taxes, or who may have purchased the lands from the state by virtue of any act providing for the sale of lands forfeited to the state for the nonpayment of taxes, or who may hold the land under a donation deed from the state, shall be maintained, unless it appears that the plaintiff, his ancestors, predecessors, or grantors, was seized or possessed of the lands in question within two (2) years next before the commencement of the suit or action. A.C.A. §§ 18-60-212(a) and 18-61-106 (1987). 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 for the taxes shall continue until paid. A.C.A. § 18-60-212(b) (1987).

 

j. Recovery of lands sold at judicial sales generally. All actions against the purchaser or his heirs or assigns for the recovery of lands sold at judicial sales shall be brought within five (5) years, after the date of the sale and not thereafter; saving to minors, persons of unsound mind, and persons imprisoned overseas, the period of three (3) years after this disability shall have been removed. A.C.A. § 18-61-105 (1987).

 

k. Redemption of real property following foreclosure. In all cases where real property is sold under an order or decree of the chancery court, or a court exercising chancery jurisdiction in the foreclosure of mortgages and deeds of trust, the mortgagor, or his heirs or legal representatives, shall have the right to redeem the property so sold. This may be done at any time within one (1) year from date of sale, by the payment of the amount for which the property was sold, together with interest thereon, at the rate borne by the decree or judgment, and the cost of foreclosure and sale. The mortgagor may waive the right of redemption in the mortgage or deed of trust so executed and foreclosed. A.C.A. § 18-49-106 (1987).