If deed restrictions are on the original deed but do not show up on a later deed of a new owner can a Homeowners Association enforce the original deed restrictions in Arkansas?

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1264170

2026-08-15 22:25

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Yes. It is the responsibility of the buyer to have a professional title examination performed to disclose deed restrictions that appear in the chain of title but do not appear in the present owner's deed. From articles I have seen it is a common problem in Arkansas that restrictions are not carefully carried forward in deeds. That error does not make them unenforceable. If the restrictions have not expired by a statute of limitations they are still in effect.

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