Arkansas Code Annotated
Ark. Code Ann. § 18-61-103 (2026)
Ejectment
✓ current as of May 2026
No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his or her testator or intestate, has been five (5) years out of possession.
History. Rev. Stat., ch. 53, § 20; C. & M. Dig., § 6948; Pope's Dig., § 8926; A.S.A. 1947, § 37-106.
Cross References. Ejectment and trespass, § 18-60-201 et seq.
Case Notes
Applicability.
In an ejectment matter, the statute of limitations for removal of a person from land, rather than the statute of limitations for cancellation of instruments, applies. Schwarz v. Colonial Mtg. Co., 326 Ark. 455, 931 S.W.2d 763 (1996).
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1996–2024 · leading case: Schwarz v. Colonial Mortg. Co., 931 S.W.2d 763 (Ark. 1996).
Schwarz v. Colonial Mortg. Co., 931 S.W.2d 763 (Ark. 1996). “The appellees also advance the argument that the ejectment action is barred by Ark. Code Ann. § 18-61-103 (1987), which provides: No action of ejectment, when the plaintiff does not claim title to the lands, shall be brought or maintained when the plaintiff, or his testator or…”
Lee v. Burrow Timber, LLC (W.D. Ark. 2024). “§ 18-61-103 . For trespass and claims of injuring, destroying, or carrying away property of others, the statute of limitations is three years from the occurrence.”
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