Arkansas Warranty Deed
An Arkansas warranty deed guarantees clear title and defends the buyer against claims with grant, bargain and sell covenant words. Attorney review available.
Introduction
Arkansas codifies the words grant, bargain and sell as an express covenant of an indefeasible fee simple free of encumbrances the grantor created (Arkansas Code Section 18-12-102(b)); a full warranty deed adds the seller's guarantee to defend the title against all persons. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Arkansas is a warranty-deed state, and it is one of the states that codifies the operative words. Under Arkansas Code Section 18-12-102(b), the words grant, bargain and sell are an express covenant that the grantor is seized of an indefeasible estate in fee simple, free from any encumbrance the grantor created. A full general warranty deed adds an express clause to warrant and defend the title against the claims of all persons, while a special warranty deed narrows that defense to claims arising through the grantor. You record the signed, acknowledged deed with the county recorder of the county where the land lies (Arkansas Code Section 14-15-402), where the circuit clerk serves as the ex officio recorder. DocDraft builds your Arkansas warranty deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed gives the buyer the strongest title protection. In Arkansas the words grant, bargain and sell already covenant an indefeasible fee simple (Section 18-12-102(b)); a full general warranty adds the seller's promise to defend against all persons.
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Arkansas codifies the operative covenant words. Under Arkansas Code Section 18-12-102(b), the words grant, bargain and sell are an express covenant that the grantor is seized of an indefeasible estate in fee simple, free from any encumbrance the grantor created.
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A full general warranty deed adds an express clause to warrant and defend the title against the lawful claims of all persons, including defects that predate the grantor. A special or limited warranty deed uses the same statutory words but narrows the defense to claims arising by, through, or under the grantor.
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You record the signed deed with the county recorder of the county where the property lies, where the circuit clerk serves as ex officio recorder (Arkansas Code Section 14-15-402). An unrecorded deed is void against a later good-faith purchaser without notice, so record promptly (Arkansas Code Section 14-15-404).
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The grantor signs before a notary who acknowledges the signature; a duly acknowledged deed is what the county recorder accepts for recording (Arkansas Code Section 14-15-404). Arkansas Code Section 18-12-104 also allows execution before two disinterested witnesses as a statutory alternative.
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Arkansas charges a real property transfer tax of 3.30 dollars for each 1,000 dollars of actual consideration on transactions over 100 dollars. Before recording, the deed must carry documentary stamps or a symbol showing the tax was paid plus a transfer-tax affidavit, or state the statutory exemption (Arkansas Code Section 26-60-110).
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Arkansas is not a community-property state, but a married person cannot convey the homestead unless the spouse joins in the deed or releases by a separate acknowledged document (Arkansas Code Section 18-12-403), and Arkansas retains dower and curtesy (Arkansas Code Section 28-11-301). Get the non-owner spouse's signature.
Key decisions before you file
Before you file a Warranty Deed in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Arkansas Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Arkansas codifies the operative covenant words: under Arkansas Code Section 18-12-102(b), the words grant, bargain and sell are an express covenant that the grantor is seized of an indefeasible estate in fee simple, free from any encumbrance the grantor created. A quitclaim deed omits those words and carries no covenants of title.
A full general warranty deed adds an express clause to warrant and defend the title against the lawful claims of all persons, including defects that predate the grantor. A special or limited warranty deed uses the same statutory grant, bargain and sell words but narrows the express defense to claims arising by, through, or under the grantor. Arkansas uses the warranty deed as its standard instrument and does not use a grant deed.
Record the signed, acknowledged deed with the county recorder of the county in which the real property lies, where the circuit clerk serves as ex officio recorder (Arkansas Code Section 14-15-402). Under Arkansas Code Section 14-15-404 an unrecorded deed is void against a later good-faith purchaser for value without notice, and a recorded deed gives constructive notice from the time it is filed. Record promptly to protect your interest.
The grantor signs before a notary who acknowledges the signature, and a duly acknowledged deed is what the county recorder accepts for recording (Arkansas Code Section 14-15-404). Arkansas Code Section 18-12-104 also allows a deed to be executed before two disinterested witnesses as a statutory alternative, but notarial acknowledgment is the standard recording path. Confirm your county recorder's current requirements.
Arkansas charges a real property transfer tax of 3.30 dollars for each 1,000 dollars of actual consideration on transactions over 100 dollars (Arkansas Department of Finance and Administration). Before recording, the deed must carry documentary stamps or a symbol showing the tax was paid plus a transfer-tax affidavit, or state the statutory exemption on the instrument (Arkansas Code Section 26-60-110). Government, security, corrective, and divorce-division transfers can be exempt.
Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). The instrument must be legible and show its title and the grantor and grantee names, and Arkansas recorders use an 8.5 by 11 inch page with a 2.5 inch top-right margin on the first page (Arkansas Code Section 14-15-402(b)). Confirm the legal description against the current vesting deed.
Arkansas is not a community-property state, but a married person cannot convey the homestead unless the spouse joins in the deed or releases by a separate acknowledged document (Arkansas Code Section 18-12-403). Arkansas also retains dower and curtesy (Arkansas Code Section 28-11-301), so a non-owner spouse holds an interest that survives a sale made without their relinquishment. Get the non-owner spouse's signature.
Choose the deed to match the protection intended. A general warranty deed warrants title against all claims, including those predating the grantor, and is the standard Arkansas instrument. A special or limited warranty deed narrows the defense to the grantor's own ownership period. A quitclaim deed gives no covenants and passes only the grantor's present interest. The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. In Arkansas the difference is built into the words used: Arkansas Code Section 18-12-102(b) makes the words grant, bargain and sell an express covenant that the grantor is seized of an indefeasible estate in fee simple, free of encumbrances the grantor created. A quitclaim deed omits those words and carries no covenants of title.
An Arkansas warranty deed guarantees clear title and, for a general warranty, promises to defend the buyer against every claim, including defects that arose before the seller owned the property. The statutory backbone is Arkansas Code Section 18-12-102(b): the words grant, bargain and sell are an express covenant that the grantor is seized of an indefeasible fee-simple estate free from grantor-created encumbrances. A full general warranty deed adds an express clause to warrant and defend the title against the claims of all persons.
Arkansas uses the warranty deed as its standard title-transfer instrument; it does not use a grant deed. Unlike some states, Arkansas codifies the operative covenant words: Arkansas Code Section 18-12-102(b) makes grant, bargain and sell an express covenant of indefeasible fee-simple seisin free of grantor-created encumbrances. A general warranty deed adds an express warrant-and-defend clause covering all claims, while a special warranty deed limits that defense to the grantor's own ownership period.
You record the signed, acknowledged deed with the county recorder of the county where the property lies, where the circuit clerk serves as ex officio recorder (Arkansas Code Section 14-15-402). The grantor's signature must be acknowledged before a notary first (Arkansas Code Section 14-15-404). Before recording, the deed must show documentary stamps or a symbol for the real property transfer tax plus a transfer-tax affidavit, or state the exemption. An unrecorded deed is void against a later good-faith buyer, so record promptly.
Arkansas does not require an attorney to prepare or record a deed; an owner may prepare their own warranty deed and record it. Because a deed transfers title and a mistake in the legal description, the covenant words, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Arkansas warranty deed from your facts, with attorney review available as an option before you record.
In practice it is notarized. The grantor signs before a notary who acknowledges the signature, and a duly acknowledged deed is what the Arkansas county recorder accepts for recording (Arkansas Code Section 14-15-404). Arkansas Code Section 18-12-104 also allows a deed to be executed before two disinterested witnesses as a statutory alternative, but notarial acknowledgment is the standard recording path.
Usually yes when the property is sold. Arkansas charges a real property transfer tax of 3.30 dollars for each 1,000 dollars of actual consideration on transactions over 100 dollars, confirmed on the Arkansas Department of Finance and Administration site. Before the county recorder will record, the deed must carry documentary stamps or a symbol showing the tax was paid plus a transfer-tax affidavit (Arkansas Code Section 26-60-110). Transfers to government bodies, security instruments, corrective deeds, and divisions of marital property in a divorce can be exempt with the proper statement.
For the homestead, yes. Arkansas Code Section 18-12-403 makes any conveyance affecting the homestead of a married person invalid unless the spouse joins in the deed or releases by a separate acknowledged document. Arkansas is not a community-property state, but it retains dower and curtesy (Arkansas Code Section 28-11-301), so a non-owner spouse holds an interest that survives a sale made without their relinquishment. Confirm how title is held and get the spouse's signature before signing.