FREE Arkansas Real Estate License Property Ownership and Transfer Questions and Answers

Question 1

A seller in Fayetteville wants to convey property to a buyer with the strongest possible guarantees about the quality of the title, promising to defend the title against all claims, past and present. Which type of deed should the seller use?

Accepted Answer

General Warranty Deed

Answer

A General Warranty Deed provides the highest level of protection to the buyer. It contains several covenants or warranties, including the promise to defend the title against any and all claims, regardless of when they arose. A Special Warranty Deed only warrants against claims arising during the grantor's period of ownership, and a Quitclaim Deed offers no warranties at all.

Question 2

A married couple in Arkansas owns their primary residence as tenants by the entirety. If one spouse dies, what is the legal status of the property's ownership?

Accepted Answer

The surviving spouse automatically becomes the sole owner of the entire property.

Answer

Tenancy by the entirety, a form of ownership available only to married couples in Arkansas, includes an automatic right of survivorship. This means upon the death of one spouse, the surviving spouse immediately and automatically becomes the sole owner of the property, bypassing the probate process.

Question 3

Which of the following is a critical requirement for a person to claim title to a property through adverse possession in Arkansas?

Accepted Answer

Paying the ad valorem taxes on the property for seven consecutive years.

Answer

Under Arkansas Code Ann. § 18-11-106, to claim title by adverse possession, the claimant must have actual or constructive possession, hold color of title, and pay the ad valorem (property) taxes for seven consecutive years. Simply occupying the land, even for a long period, is not sufficient without the payment of taxes.

Question 4

A married man owns a parcel of land in his name only, which he acquired after his marriage. He signs a contract to sell it. According to Arkansas law, what is required to transfer a clear title, free from his wife's potential claims?

Accepted Answer

The wife must also sign the deed to release her dower rights.

Answer

Arkansas is a state that recognizes dower and curtesy rights, which give a spouse an interest in the other spouse's property. To convey a clear and marketable title to property owned by one spouse, the other spouse must sign the deed to release their potential dower or curtesy interest, even if their name is not on the title.

Question 5

A landowner in rural Arkansas sells a back portion of their property to a buyer. The sold parcel is now landlocked with no direct access to a public road. Under Arkansas law, what is the buyer's most likely legal remedy to gain access?

Accepted Answer

The buyer can petition a court for an easement by necessity across the seller's remaining land.

Answer

When a property owner conveys a portion of their land that results in the conveyed parcel being landlocked, the law presumes the parties intended for the buyer to have access. The buyer has the right to seek an easement by necessity, which is a court-ordered right to cross the seller's remaining property to reach a public road.

Arkansas Real Estate License Practice Test

Arkansas Real Estate License Practice Test

FREE Arkansas Real Estate License Property Ownership and Transfer Questions and Answers