Arkansas Laws on Property Disputes Between Neighbors

A breakdown of Arkansas laws on neighbor disputes involving trees, fences, and the right to farm.

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Arkansas Tree Damage Laws

In Arkansas, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional damages if someone deliberately damages your tree. To find out whether Arkansas has such a statute, check the table below. The table will also tell you the amount you can sue for (the number is usually represented as a multiple of your actual damages).

In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Check the table below to find out if there’s a Arkansas criminal statute on causing intentional damage to a tree. If Arkansas does not have such a law, general Arkansas criminal statutes, such as those related to theft or property damage, may still apply. (To learn more about damages and criminal penalties in tree injury cases, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.)

Additional Damages and Criminal Penalties for
Intentional Damage to Trees in Arkansas

Arkansas Statute for Additional Damages

Additional Amount You Can Sue for in Arkansas

Arkansas Criminal Statute

Ark. Code Ann. § 18-60-102

Triple damages

None


Arkansas Right to Farm Laws

All states have enacted laws that exempt farmers and other agricultural operators from complying with run-of-the-mill nuisance laws -- laws that restrict certain kinds of noisy activity like operation of heavy machinery, or prohibit the use of pesticides, for example. States vary as to how “farming” is defined and how long the agricultural operation must be in existence in order to get protection under right to farm statutes. Some states also list specific things (for example, odor, noise, or dust) that don’t constitute a legal nuisance when they’re a byproduct of farming or agricultural activity. You can find Arkansas’s right to farm statute in the table below. (To learn more about right to farm statutes, see Nolo’s article Rural Neighbors and the Right to Farm.)

 

Arkansas Right to Farm Statute

Ark. Code Ann. § 2-4-107

 

For other Nolo articles on neighbor disputes involving adverse possessions and easements, see Adverse Possession: When Trespassers Become Property Owners and Easements: Overview.

To learn more about the property issues covered in this article and other disputes between landowners and neighbors, get Neighbor Law: Fences, Trees, Boundaries & Noise, by Cora Jordan and Emily Doskow (Nolo).

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