Ark. Code Ann. § 18-41-101 (2026)

Research References

Ark. L. Notes.

Pedersen, Crop Financing: A Guide to Arkansas Law, 1988 Ark. L. Notes 31.

Brill, Equity and the Restitutionary Remedies: Constructive Trust, Equitable Lien, and Subrogation, 1992 Ark. L. Notes 1.

Schneider, Notes on Agricultural Landlord's Liens Under Revised Article 9 of the Uniform Commercial Code, 2002 Arkansas L. Notes 53.

Ark. L. Rev.

Casenote, Get Down and Dirty: The Eighth Circuit's Admonition to Farmers Seeking the Protection of Chapter 12, 43 Ark. L. Rev. 701.

Note, Nef v. Ag Services of America, Inc.: Revised Article 9 Brings Uncertainty to Holders of Agricultural Landlord's Liens, 56 Ark. L. Rev. 871 (2004).

Case Notes

Applicability.

The statute applies only in situations where there exists a landlord-tenant relationship created by express or implied contract and no such relationship exists where the defendant is a judgment debtor who has remained in possession following the sale of his property under execution. Kelly v. Weir, 243 F. Supp. 588 (E.D. Ark. 1965).

Land that was owned by the individual partners, all members of the same family, that was never formally deeded to the partnership did not preclude the partnership from acting as a landlord for the property with the ability to enter into a lease agreement and to enforce a lien for rent under § 18-41-101 when the evidence established the owners' intent to have the partnership act accordingly. Bank of McCrory v. Morrison (In re James), 368 B.R. 800 (Bankr. E.D. Ark. 2007).

Accounting.

A tenant who agrees to pay as rent part of crop raised by him on the land or its value cannot refuse to account for it because that portion could not be gathered without much inconvenience and unusual expense. To excuse a failure to perform the contract, the tenant must show that it was caused by the act of God, of the landlord, or of the public enemy. Johnson v. Bryant, 61 Ark. 312, 32 S.W. 1081 (1895).

Landlord must account to a junior lienor for the surplus of the crop. Peeples v. Hayley-Beine & Co., 89 Ark. 252, 116 S.W. 197 (1909).

Assignment.

For cases discussing effect on lien of assignment of rent debts, prior to enactment of § 18-41-106, see Nolen v. Royston, 36 Ark. 561 (1880); Meyer v. Bloom, 37 Ark. 43 (1881); Varner v. Rice, 39 Ark. 344 (1882); Dickinson v. Harris, 52 Ark. 58, 11 S.W. 965 (1889); Block v. Smith, 61 Ark. 266, 32 S.W. 1070 (1895); Smith v. Johnson, 153 Ark. 262, 239 S.W. 1056 (1922).

Attachment of Lien.

Lien becomes a charge on the crop as soon as the crop comes into existence. Murphy v. Myar, 95 Ark. 32, 128 S.W. 359 (1910).

Extent of Lien.

A rent contract which includes other indebtedness expressed as rent is a lien on the tenant's crop only for the amount of the actual rent. Roth & Co. v. Williams, 45 Ark. 447 (1885).

Landlord has lien only on crop grown in a year for which rent is due. Mills v. Pryor, 65 Ark. 214, 45 S.W. 350 (1898); Henry v. Irby, 170 Ark. 928, 282 S.W. 3 (1926).

The lien is confined to the rent and advances necessary to make and gather the crop, and cannot be made to cover damages for breach of the lease. Few v. Mitchell, 80 Ark. 243, 96 S.W. 983 (1906).

A contract requiring the lessee to repair the fence is part of the price of the rent for which the landlord has a lien. Von Berg v. Goodman, 85 Ark. 605, 109 S.W. 1006 (1908).

There is a lien on the entire crop for the rent whether the crop is raised by a tenant or a subtenant. Jacobson v. Atkins, 103 Ark. 91, 146 S.W. 133 (1912).

Where rent is payable in money, the landlord has a lien for all the rent on the crop raised even though part of the land was not cultivated by the tenant. Stephenson v. Lewis, 152 Ark. 361, 238 S.W. 61 (1922).

Where part of rented land was kept out of production and rented to federal government by agreement between landlord and tenant, a landlord's lien for the rent of such land could not be asserted against crops raised on other parts of the land by tenant's sharecroppers. Dulaney v. Balls, 193 Ark. 701, 102 S.W.2d 88 (1937).

Landlord's Remedies.

Where a tenant's crop was purchased and sold with knowledge that rent was due and unpaid, the landlord's remedy, if any, is by specific attachment of the crop while it is in the purchaser's hands, or by bill in equity after a sale, to have the proceeds appropriated to payment of rents, but not an action for money had and received. Reavis v. Barnes, 36 Ark. 575 (1880); Anderson & Co. v. Bowles, 44 Ark. 108 (1884).

A vendee, with notice, selling tenant's crop is liable for conversion. Merchants' & Planters' Bank v. Meyer, 56 Ark. 499, 20 S.W. 406 (1892).

Landlord cannot sue trespasser for damages to tenant's crop. St. Louis, Ark. & Tex. Ry. v. Trigg, 63 Ark. 536, 40 S.W. 579 (1897).

Where a tenant delivers his crop to a mortgagee without having first discharged the landlord's lien, the landlord's remedy is a specific attachment of the cotton in the mortgagee's hands. Ferniman v. Nowlin, 91 Ark. 20, 120 S.W. 378 (1909).

A cause of action of a landlord having a lien on his tenant's crop against a bank for receiving the proceeds of sale of the crop with notice of the lien is barred by the six months statute of limitations; the remedy being in equity to impress a lien upon the proceeds of the crop in the bank's hands. Bottrell v. Farmers' Bank & Trust Co., 172 Ark. 1165, 291 S.W. 832 (1927).

Where a tenant removed a portion of the crop without authority at a time when he was indebted to the landlord for rent, the landlord was entitled to attach crops grown on the premises by virtue of the lien thereon. Stone v. Yount, 174 Ark. 825, 296 S.W. 717 (1927).

Where during the pendency of a landlord's attachment suit to enforce his landlord's lien for rent and supplies, the tenant took the property out of the custody of the court and converted it to his own use, the landlord's remedy was by a bill in equity after the sale to have the proceeds appropriated to the payment of his rents. Clemmons v. Byars, 197 Ark. 300, 122 S.W.2d 652 (1938).

Limitation of Actions.

An action by the landlord against one taking the crop with a knowledge of the existence of the lien will be barred in six months after the maturity of the rent. King & Clopton v. Blount, 37 Ark. 115 (1881).

The lien expires in six months after the rent is due. Cocke v. Clausen, 67 Ark. 455, 55 S.W. 846 (1900); Taylor v. Crawford, 187 Ark. 316, 59 S.W.2d 484 (1933).

Priority.

The lien of a landlord is superior to a mortgage on the crop by the tenant. Tomlinson v. Greenfield, 31 Ark. 557 (1876); Lambeth v. Ponder, 33 Ark. 707 (1878); Watson v. Johnson, 33 Ark. 737 (1878); Meyer v. Bloom, 37 Ark. 43 (1881).

The lien provided by this section and the one provided by § 18-41-103 are of equal dignity and are prior to the lien of a mortgage on the crop by the tenant. Morgan v. Russell, 151 Ark. 405, 236 S.W. 602 (1922).

A landlord's lien on his tenant's crop is superior to the lien of laborers asserting liens thereon. Campbell v. Anderson, 189 Ark. 671, 74 S.W.2d 782 (1934).

Landlords' lien interest in the crop proceeds took priority over a perfected security interest that a creditor bank had in the same proceeds, regardless of when the bank's conflicting security interest was perfected. Bank of McCrory v. Morrison (In re James), 368 B.R. 800 (Bankr. E.D. Ark. 2007).

Public Grain Warehouse Law.

While lessor may have come within the definition of “owner“ as set forth in § 2-17-301(3) [now (2)] because of an interest in the grain under its statutory landlord's lien, under this section, this lien existed for only six months. Rufus Comer Farms v. First State Bank, 47 Ark. App. 3, 884 S.W.2d 265 (1994).

Sale of Crop.

The landlord's lien is not lost by the tenant's sale of the crop to a purchaser with notice. Volmer v. Wharton, 34 Ark. 691 (1879).

The statutory lien of a landlord for rent and supplies furnished is not enforceable against one who purchased the crops from the tenant in good faith and without notice of the landlord's claim. Hunter v. Matthews, 67 Ark. 362, 55 S.W. 144 (1900).

One who purchased cotton which he knew was grown on rented land and who had notice of facts sufficient to put him on inquiry could not, as against landlord's lien, claim that he was an innocent purchaser because the tenant misled him into thinking that landlord had abandoned his claim for rent. Pape v. Steward, 69 Ark. 306, 63 S.W. 47 (1901).

A purchaser of a tenant's crop takes charge with notice of the landlord's lien if he knew that the relation of landlord and tenant had existed during the previous year and had no reason to believe that such relationship had ceased to exist. Judge v. Curtis, 72 Ark. 132, 78 S.W. 746 (1904).

Where a landlord attaches cotton in the hands of a purchaser who is not an innocent purchaser, and such purchaser executes a forthcoming bond and sells the cotton, he becomes liable to the landlord for the amount due him for rents and supplies. First Nat'l Bank v. Duvall, 156 Ark. 377, 246 S.W. 471 (1923).

Where tenants who had right to sell crops grown on rented farmland had previously paid the rent on time, no action on part of the landlords to protect their lien as against buyer of crops was required; and the buyer, which was unquestionably on notice that landlords' lien existed, was not entitled to ignore the lien. Holmes v. Riceland Foods, Inc., 261 Ark. 27, 546 S.W.2d 414 (1977).

Under this section, the trust's statutory lien was not enforceable against the buyer because it bought rice from the tenant in good faith and had no evidence which would require the buyer to make an investigation regarding a landlord's lien. Riceland Foods, Inc. v. Pearson, 2009 Ark. 520, 357 S.W.3d 434 (2009).

Sale of Land.

Vendor of land reserving lien on crops has equitable mortgage even though it is called landlord's lien in the conveyance. Martin v. Schichtl, 60 Ark. 595, 31 S.W. 458 (1895).

Landlord's lien cannot arise in sale of land. Smith v. Maberry, 61 Ark. 515, 33 S.W. 1068 (1896).

Tender of Rent.

The mortgagee cannot recover the crop from one holding it for payment of rent, without first tendering the rent due. Buck v. Lee, 36 Ark. 525 (1880).

The landlord's lien is not extinguished by a refusal to accept a tender of the rent and to make a plea of such tender available, the money must be paid into court. Bloom v. McGehee, 38 Ark. 329 (1881).

Title to Crop.

Legal title to cotton grown by tenant is in him until disposed of and landlord has a lien, enforceable within six months from due date of rent. Commodity Credit Corp. v. Usrey, 199 Ark. 406, 133 S.W.2d 887 (1939).

Waiver.

A landlord does not waive his lien by taking a mortgage on the crop. Franklin v. Meyer, 36 Ark. 96 (1880); Merchants' & Planters' Bank v. Meyer, 56 Ark. 499, 20 S.W. 406 (1892).

A landlord by consenting to the removal and sale of a crop of cotton upon which he has a lien for rents loses his lien as against one purchasing the cotton, or advancing money upon it as a security in good faith and without notice of the lien. May v. McGaughey, 60 Ark. 357, 30 S.W. 417 (1895).

Waiver of landlord's lien in favor of mortgagee is personal, and does not pass with assignment of the deed of trust. Neeley v. Phillips, 70 Ark. 90, 66 S.W. 349 (1902).

Lien is waived by receiving proceeds of sale of a crop of cotton. Noe v. Layton, 76 Ark. 582, 89 S.W. 1005 (1905).

A landlord who agrees that a part of a subtenant's crop shall be applied to the claim of a supply merchant does not thereby waive his lien on the remainder of such crop. Jacobson v. Atkins, 103 Ark. 91, 146 S.W. 133 (1912).

The lien is not waived by taking a note with personal security, in the absence of proof that it was so intended by the parties. Cole v. Turner, 108 Ark. 537, 158 S.W. 493 (1913).

A landlord's statutory lien is paramount lien of which every person must take notice and generally can be lost only by waiver or failure to enforce it at the proper time. Blackwood v. Farmers Bank & Trust Co., 200 Ark. 738, 141 S.W.2d 1 (1940).

Cited: McIllwain v. Welco Rice Milling Co., 266 Ark. 991, 588 S.W.2d 459 (Ct. App. 1979); Nef v. Ag Servs. of Am., Inc., 79 Ark. App. 100, 86 S.W.3d 4 (2002).