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Yes. It is the responsibility of the buyer to have a professional title examination performed to disclose deed restrictions that appear in the chain of title but do not appear in the present owner's deed. From articles I have seen it is a common problem in Arkansas that restrictions are not carefully carried forward in deeds. That error does not make them unenforceable. If the restrictions have not expired by a statute of limitations they are still in effect.

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15y ago
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8y ago

Yes. Deed restrictions only need to be recorded in the land records once to be effective- when they are created or any time thereafter. Once recorded in the land records they will run with the land for a certain period that is recited in the recorded document or set by law. That is only one reason why a comprehensive title examination should be performed by a professional when real property is to be purchased.

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Q: If deed restrictions are on the original deed but do not show up on a later deed of a new owner can a Homeowners Association enforce the original deed restrictions in Arkansas?
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