Ark. Code Ann. § 18-60-101 (2020)
Right of cotenants to accounting
- When any joint tenant, tenant in common, or coparcener in any real estate, or any interest therein, shall take, use, or have the profits and benefits thereof in greater proportion than his or her interest therein, that person, or his or her executor or administrator, shall account therefor to his or her cotenant or cotenants, jointly or severally.
- Joint tenants, tenants in common, and coparceners in any real or personal estate may maintain civil actions against their cotenants who receive as bailiffs more than their due proportion of the benefits of the estate.
History. Rev. Stat., ch. 2, §§ 1, 2; C. & M. Dig., §§ 1087, 1088; Pope's Dig., §§ 1300, 1301; A.S.A. 1947, §§ 50-101, 50-102.
Cross References. Feudal tenures prohibited, Ark. Const., Art. 2, § 28.
Research References
Ark. L. Rev.
Gitelman, The Impact of the Statute of Gloucester on the Development of the American Law of Waste, 39 Ark. L. Rev. 669.
Case Notes
Applicability.
The right to an accounting under this section does not apply to the tenancy by the entirety of a husband and wife. Neither spouse owns an undivided half interest in any entirety property — the entire entirety estate is vested and held in each spouse. Wood v. Wright, 238 Ark. 941, 386 S.W.2d 248 (1965).
A cotenant possesses a right of accounting for revenues (minus expenses) stemming from the exploitation of oil wells. South Cent. Petro., Inc. v. Long Bros. Oil Co., 974 F.2d 1015 (8th Cir. 1992).
Common Law Rights.
While this Code does not define substantive rights among joint tenants, it recognizes the common law rights of joint tenants, as this section provides for an accounting between them. Hogan v. Hogan, 313 Ark. 374, 855 S.W.2d 905 (1993).
Improvements.
Where a tenant in common had received the rents accruing from the land held in common, her subsequent grantee would not be entitled, in a suit for partition, to recover the improvements placed thereon by her in addition to her pro rata share of the land; but will be allowed to offset the rents received by her against the value of the improvements. Cocke v. Clausen, 67 Ark. 455, 55 S.W. 846 (1900).
Withdrawal of Funds.
Mere withdrawal of funds by one joint tenant does not establish complete ownership in such joint tenant to the exclusion of any other joint tenants. Hogan v. Hogan, 313 Ark. 374, 855 S.W.2d 905 (1993).
Cited: Dent v. Wright, 322 Ark. 256, 909 S.W.2d 302 (1995).