Chapter 2 : Abstracts

LibraryStandards for Examination of Real Estate Titles in Arkansas (2021 Ed.)
CHAPTER 2: ABSTRACTS

Standard 2.1 Definition of Abstract of Title

An "abstract of title" is defined by statute as "a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific piece of land, issued under a certificate certifying to the matters therein contained."26 An Arkansas abstract of title should contain a statement of instruments including deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances, or other instruments of writing concerning lands and tenements authorized to be recorded, as well as wills, judicial proceedings, and other records which in any way affect the title.27

Standard 2.2 Contents of Abstracter's Certificate

Each abstracter's certificate should certify the following:

1. That the abstract contains abstracts and/or verbatim copies of all matters of record in the county judicial district in which the land is located affecting the real estate described, or it may specifically recite and certify that it contains abstracts and/or verbatim copies of all conveyances and other instruments of record in the office of the circuit clerk or county clerk, the Ex-Officio Recorder, including judgments entered or revived against any person in the chain of title within 10 years prior to the date of certification, all lis pendens, all certificates of assessment of taxes or tax liens, and all judgments in favor of the United States;
2. That the abstract contains abstracts and/or verbatim copies of all judgments or decrees entered in the Circuit Courts affecting such lands, and all probate proceedings, including guardianships, conservatorships, executors', administrators' or insanity proceedings affecting the chain of title to such lands;
3. That a search of all county records has been conducted regarding ad valorem taxes on such lands, and indicating whether the property is included in any
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