Ark. Code Ann. § 16-47-110 (2026)
Recorded deed or written instrument affecting real estate
- Every deed or instrument in writing which conveys or affects real estate and which is acknowledged or proved and certified as prescribed by this act may, together with the certificate of acknowledgment, proof, or relinquishment of dower, be recorded by the recorder of the county where such land to be conveyed or affected thereby is located, and when so recorded may be read in evidence in any court in this state without further proof of execution.
- If it appears at any time that any deed or instrument duly acknowledged or proved and recorded as prescribed by this act is lost or not within the power and control of the party wishing to use the deed or instrument, the record thereof or a transcript of the record certified by the recorder may be read in evidence without further proof of execution.
- Neither the certificate of acknowledgment nor the probate of any such deed or instrument, nor the record or transcript thereof, shall be conclusive, but it may be rebutted.
History. Rev. Stat., ch. 31, §§ 26-28; C. & M. Dig., §§ 1530-1532; Pope's Dig., §§ 1840-1842; A.S.A. 1947, §§ 28-919 — 28-921.
Publisher's Notes. Rev. Stat., ch. 31, §§ 26-28, are also codified as § 18-12-209.
Meaning of “this act”. Chapter 31 of the Revised Statutes, codified as §§ 16-47-101, 16-47-103 — 16-47-106, 16-47-110, 18-12-101, 18-12-102, 18-12-104, 18-12-105, 18-12-201, 18-12-203 — 18-12-206, 18-12-209, 18-12-301, 18-12-402, 18-12-501, 18-12-502, 18-12-601 — 18-12-603.
Cross References. Admissibility of deeds, § 18-12-605.
Research References
Ark. L. Rev.
Documentary Evidence — Arkansas, 15 Ark. L. Rev. 79.
Case Notes
In General.
The acknowledgment of the execution of a deed of conveyance, as required by statute, does not alone authorize its introduction as evidence; it must also be filed and recorded or its execution proved at the trial. Wilson v. Spring, 38 Ark. 181 (1881); Watson v. Billings, 38 Ark. 278 (1881); Dorr v. School Dist., 40 Ark. 237 (1882).
Burden of Proof.
The burden of proof rests upon the person denying that he signed a deed or acknowledged it, to show the falsity of the certificate, which carries the presumption that the officer making it has certified to the truth. Polk v. Brown, 117 Ark. 321, 174 S.W. 562 (1915); Nevada County Bank v. Gee, 130 Ark. 312, 197 S.W. 680 (1917).
The burden of disproving the authenticity of the acknowledgment of a deed before a notary public is on the moving party in order to have the recorded deed declared void for forgery. Lytton v. Johnson, 236 Ark. 277, 365 S.W.2d 461 (1963).
Certificate.
The only showing upon which a deed can be admitted to evidence is the certificate of acknowledgment by the proper officer. Simpson v. Montgomery, 25 Ark. 365 (1869).
While it is competent for the maker of a deed to prove that there was no appearance before an officer to acknowledge its execution, and no acknowledgment in fact, yet if he did acknowledge it in some manner, the officer's certificate is conclusive as to the terms of the acknowledgment. Petty v. Grisard, 45 Ark. 117 (1885); Steers v. Kinsey, 68 Ark. 360, 58 S.W. 1050 (1900).
If a plaintiff in ejectment is not able to introduce an original deed in evidence, a purported copy from the record is not admissible unless certified by the recorder. Robert v. Brown, 157 Ark. 230, 247 S.W. 1058 (1923).
Parol Evidence.
Parol evidence that a deed has been executed, but not recorded, and lost, is sufficient to admit secondary evidence of its contents. Calloway v. Cossart, 45 Ark. 81 (1885); Crawford v. McDonald, 84 Ark. 415, 106 S.W. 206 (1907).
Parol evidence is admissible to prove true date of an acknowledgment. Merrill v. Sypert, 65 Ark. 51, 44 S.W. 462 (1898).
Prima Facie Evidence.
A recorded and properly acknowledged mortgage makes prima facie case thereon. Straughan v. Bennett, 153 Ark. 254, 240 S.W. 30 (1922).
Proof of Execution.
A certified copy of a recorded conveyance is admissible in evidence without proof of the execution. Apel v. Kelsey, 47 Ark. 413, 2 S.W. 102 (1886); Sibly v. England, 90 Ark. 420, 119 S.W. 820 (1909).
An unrecorded mortgage is inadmissible in evidence without proof of its execution. Gardner v. Hughes, 136 Ark. 332, 206 S.W. 678 (1918).
Record.
In a prosecution for forgery, it was not improper to permit the introduction of the record of certain deed, in the chain of title to the land, concerning which it was alleged that forged deed had been uttered by the defendant, without proof that the original deeds were either lost or destroyed. Temple v. State, 126 Ark. 290, 189 S.W. 855 (1916), overruled, Nail v. State, 231 Ark. 70, 328 S.W.2d 836 (Ark. 1959), overruled in part, Nail v. State, 231 Ark. 70, 328 S.W.2d 836 (Ark. 1959).
Subchapter 2 — Uniform Acknowledgment Act
Effective Dates. Acts 1943, No. 169, § 15: approved Mar. 4, 1943. Emergency clause provided: “That because many persons of this State are now in the armed forces of the United States and are now located in the various States of the United States, as well as in many foreign countries, and are unable to comply with the technical requirements of the Arkansas laws as to acknowledgments, an emergency is declared to exist and this act shall be in full force and effect from and after its passage.”
Acts 1971, No. 352, § 2: Mar. 22, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that among the multitude of real estate transactions and other transactions requiring acknowledgments, there are undoubtedly some which have not strictly complied with the present law; that such transactions raise clouds on title and create other difficulties in land transfers; and that only by the immediate passage of this Act can this situation be remedied. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”
Acts 2013, No. 999, § 6: Apr. 8, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that many instruments affecting title to real estate are being found to not provide constructive notice because of defects in the certificates of acknowledgment; and that this act is immediately necessary to protect property rights and interests. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Research References
Ark. L. Rev.
Drafting Instruments for Purchase and Conveyancing of Land, 13 Ark. L. Rev. 26.
Authentication and Identification, 27 Ark. L. Rev. 332.