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18-44-205. Improvements on leased land.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-205. Improvements on leased land.
The provisions of § 18-44-103 shall not apply to liens created by this subchapter, and in foreclosures under this section and §§ 18-44-201 — 18-44-204 and 18-44-206 — 18-44-210, all the right, title, and interest of the leaseholder shall be subjected to the lien created by it.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-44-205
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3351245dce2b98c206119d3680c1cd94c1473b20e10717ade5501442f9baa5e7
Source location: content.xml paragraph 9232
Stored source content
18-44-205. Improvements on leased land.
The provisions of § 18-44-103 shall not apply to liens created by this subchapter, and in foreclosures under this section and §§ 18-44-201 — 18-44-204 and 18-44-206 — 18-44-210, all the right, title, and interest of the leaseholder shall be subjected to the lien created by it.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-103. Improvements on leased land.
(a) Every building or other improvement erected or materials furnished, according to the provisions of this subchapter, on leased lots or lands shall be held for the debt contracted for, or on account of it, and also the leasehold term for the lot and land on which it is erected.
(b)(1) In case the lessee shall have forfeited his or her lease, the purchaser of the building and leasehold term, or so much of it as remains unexpired, under the provisions of this subchapter, shall be held to the assignee of the leasehold term and, as such, shall be entitled to pay to the lessor all arrears of rent or other money, interest, and costs due under the lease, unless the lessor shall have regained possession of the leasehold land, or obtained judgment for the possession of it on account of the noncompliance by the lessee with the terms of the lease, prior to the commencement of the improvements thereon.
(2) In this case the purchaser of the improvements under this subchapter shall have the right only to remove the improvements within sixty (60) days after he or she shall purchase them, and the owner of the ground shall receive the rent due him or her payable out of the proceeds of the sale, according to the terms of the lease, down to the time of removing the building.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-201. Construction.
The provisions of this section and §§ 18-44-202 — 18-44-210 shall not be construed to deprive or abridge materialmen, artisans, laborers, or mechanics of any rights and remedies given them by law, and the provisions of this section and §§ 18-44-202 — 18-44-210 shall be cumulative of the lien laws of this state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-204. Labor or materials furnished refinery or gasoline extraction plants.
(a) The lien created by this section and §§ 18-44-201 — 18-44-203 and 18-44-205 — 18-44-210 shall apply in favor of any person, corporation, firm, association, or partnership who shall furnish any material, machinery, or supplies or perform any labor in the erection, operation, or repair of any refinery or gasoline extraction plant.
(b) The lien shall cover the plant, together with the land upon which it is situated, including all pipelines belonging to the refinery or gasoline extraction plant and used in connection therewith.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-44-206. Priority generally.
(a)(1) The lien given in this section and §§ 18-44-201 — 18-44-205 and 18-44-207 — 18-44-210 against the land or leasehold interest in the land, on the oil pipeline or gas pipeline, including the right-of-way, on any lease for oil and gas purposes, including the buildings and appurtenances on the land, on the materials and supplies so furnished, on the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which the materials were furnished or labor performed, and on all other oil wells, gas wells, and water wells on the lands shall be prior and paramount to, and in preference of, any and all subsequent liens, encumbrances, and mortgages.
(2) Except as provided in this subchapter, all liens established in this subchapter shall be of equal dignity.
(b)(1) The lien provided for in this section and §§ 18-44-201 — 18-44-205 and 18-44-207 — 18-44-210 shall attach to the machinery, material, supplies, and to any specific improvements made in preference to any prior lien, encumbrance, or mortgage upon the land or leasehold interest upon which the machinery, material, supplies, or specific improvements are placed or located.
(2) However, any lien, encumbrance, or mortgage upon the land, or any leasehold interest, existing at the time of the inception of the lien provided for in these sections shall not be affected by the new lien, and such holders of liens upon the land or leasehold interest shall not be necessary parties in suits to foreclose the lien created.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-44-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-44-206. This identifies an authority to review, not proof of applicability.