Ark. Code Ann. » Title 18 Chapter 60
Arkansas Code Annotated

Ark. Code Ann. § 18-60-506 (2026)

Prima facie title

✓ current as of May 2026
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If the petitioner cannot show a perfect claim of title to any particular tract or tracts of land, it shall be held to constitute a prima facie title if the petitioner shall show that:

  1. The petitioner and those under whom he or she claims, have had color of title to the land for more than seven (7) years; and
  2. During that time the petitioner or those under whom he or she claims, have continuously paid the taxes thereon.

History. Acts 1899, No. 79, § 5, p. 133; C. & M. Dig., § 8368; Pope's Dig., § 10964; A.S.A. 1947, § 34-1907.

Cross References. Adverse possession, § 18-11-106.

Case Notes

Applicability.

Where the action to quiet title was commenced less than seven years after the purchaser at the tax sale acquired the clerk's deed and before he completed seven tax payments under it, the purchaser was not entitled to the benefit of this section. Broadhead v. McEntire, 19 Ark. App. 259, 720 S.W.2d 313 (1986).

Color of Title.

A certificate of purchase issued at a tax sale is not color of title. Broadhead v. McEntire, 19 Ark. App. 259, 720 S.W.2d 313 (1986).

There was no reasonable basis for a quiet title action where plaintiff did not show that he had color of title to the land for more than seven (7) years or that during that time he had continuously paid the taxes thereon. Brown v. Minor, 305 Ark. 556, 810 S.W.2d 334 (1991).

Circuit court erred in finding that a former sister-in-law established color of title under this section where the lease-purchase agreement contained only the owner's promise to sell the property upon the sister-in-law paying the monthly payments for 18 years, the agreement did not purport to transfer title, and a lease-purchase agreement was not an instrument or paper by which title usually passed. Dodson v. Lovelace, 2016 Ark. App. 265, 493 S.W.3d 353 (2016).

Controverted Proceedings.

Where the issues surrounding the validity of the tax proceedings were clearly controverted in the pleadings, it was error for the trial court to quiet title. Broadhead v. McEntire, 19 Ark. App. 259, 720 S.W.2d 313 (1986).

Evidence.

Title not quieted in appellee where appellee failed to prove payment of taxes for seven continuous years. Stewart v. First Commercial Bank, 59 Ark. App. 47, 953 S.W.2d 592 (1997).

Pleadings.

Petition insufficient which failed to allege color of title and payment of taxes for seven years. Driver v. Driver, 223 Ark. 15, 263 S.W.2d 914 (1954).

Uncontroverted Proceedings.

This section authorizes a decree of confirmation on prima facie title only where the proceedings are not controverted. Kennedy v. Burns, 140 Ark. 367, 215 S.W. 618 (1919).

Cited: Towson v. Denson, 74 Ark. 302, 86 S.W. 661 (1905); Driver v. Driver, 223 Ark. 15, 263 S.W.2d 914 (1954).

Notes of Decisions
Cited in 7 cases, 1991–2019 · leading case: Stone v. Washington Reg'l Med. Ctr., 2017 Ark. 90 (Ark. 2017).
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Stone v. Washington Reg'l Med. Ctr., 2017 Ark. 90 (Ark. 2017). · cites it 4× “Arkansas Code Annotated section 18-60-506 (Repl. 2015) provides, “If the petitioner cannot show a perfect claim of title to any particular tract or tracts of land, it shall be held to constitute a prima facie title if the petitioner shall show that: (1) The petitioner and those…”
Bobo v. Jones, 222 S.W.3d 197 (Ark. 2006). · cites it 2× “Jones offered deeds showing he held title and proof of payment of taxes for more than fifty years in Hempstead County. The Bobos countered with their own deed, proof of payment of taxes in Miller County, and raised avulsion as a defense.”
Brown v. Minor, 810 S.W.2d 334 (Ark. 1991). · cites it 2× “” However, the petitioner must “show that he, and those under whom he claims, have had color of title to the land for more than seven (7) years and that during that time he, or those under whom he claims, have continuously paid the taxes thereon.”
Dodson v. Lovelace, 2016 Ark. App. 265 (Ark. Ct. App. 2016). · cites it 10× “On appeal, Ernestine argues that the circuit court erred in finding that Heidi established pri-ma facie title pursuant to Arkansas Code Annotated section 18-60-506 (Repl.2015). Ernestine additionally argues that the court exceeded its jurisdiction by ordering her to quiet title…”
Stewart v. First Com. Bank, 953 S.W.2d 592 (Ark. Ct. App. 1997). · cites it 5× “From that decree appellant brings this appeal arguing, first, that appellee did not meet the requirements for a statutory quiet title action as set forth in Ark. Code Ann. § 18-60-506 (1987); and second, that it would be inequitable for her, as an innocent victim, to bear the…”
Fisher v. Cuningkin, 577 S.W.3d 31 (Ark. Ct. App. 2019). · cites it 2× “" Notably, the court did not adopt any survey, identify any boundary lines, or otherwise identify where lots 1, 2, 5, or 6 are. Fisher appealed, arguing that the court erred in quieting title in the Cuningkins because they did not comply with the notice requirement for quieting…”
Sims v. Riverland Prop. LLC (W.D. Ark. 2019). · cites it 2× “” Ark Code Ann. § 18-60-506. Sims has submitted no evidence that he has had color of title to the property at issue for seven years or that he paid the taxes on the property for seven years.”
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