TO AMEND THE LAW CONCERNING SCRIVENER'S AFFIDAVITS; AND TO ALLOW A LICENSED ENGINEER, SURVEYOR, OR NOTARY PUBLIC TO EXECUTE AND RECORD A SCRIVENER'S AFFIDAVIT IN CERTAIN CIRCUMSTANCES.

2025 Regular Session Introduced by Clint Penzo and 1 co-sponsor

House Bill 1479 allows licensed engineers, surveyors, and notaries to correct property document errors, streamlining the process for homeowners and reducing legal costs.

Notification that HB1479 is now Act 418

Summary of House Bill 1479 (Act 418)

Bill Number: HB 1479
Title: To Amend the Law Concerning Scrivener's Affidavits; and to Allow a Licensed Engineer, Surveyor, or Notary Public to Execute and Record a Scrivener's Affidavit in Certain Circumstances
Status: Enacted as Act 418
Introduced: February 13, 2025
Legislative Session: 95th General Assembly, Regular Session, 2025

Purpose and Intent

House Bill 1479 aims to update the existing laws regarding scrivener's affidavits in Arkansas. The primary intent is to expand the categories of professionals authorized to execute and record scrivener's affidavits, thereby streamlining the process for correcting errors in property-related documents.

Key Provisions

The bill amends Arkansas Code § 18-12-108(b) to include the following provisions:

Authorized Professionals:

Licensed Engineers or Surveyors: They may execute and record a scrivener's affidavit if they prepared the original survey, plat, replat, lot split, boundary line adjustment, or any other instrument affecting the title to the real property.
Notary Public: A notary public who witnessed the execution of an original instrument and executed an acknowledgment to that instrument containing an error is also authorized to execute and record a scrivener's affidavit.

Amendments: The bill underwent two amendments (Amendment #1 and Amendment #2) which refined the language and clarified the roles of licensed engineers, surveyors, and notaries in the execution of scrivener's affidavits.

Impact

Professionals Affected: The bill directly impacts licensed engineers, surveyors, and notaries public in Arkansas by expanding their authority to correct errors in property documents.

Property Owners: Homeowners and property owners may benefit from a more efficient process for correcting documentation errors, potentially reducing legal complications and associated costs.

Procedural Timeline

February 13, 2025: Bill filed and introduced.

February 19, 2025: Passed in the House and transmitted to the Senate.

March 12, 2025: Amendments #1 and #2 adopted; bill reported correctly engrossed.

March 13, 2025: Passed in the Senate and returned to the House.

March 25, 2025: Notification that HB 1479 is now Act 418.

Conclusion

House Bill 1479 represents a significant update to the laws governing scrivener's affidavits in Arkansas, enhancing the ability of licensed professionals to address errors in property documentation. This change is expected to facilitate smoother transactions and corrections in real estate matters, benefiting both professionals and property owners alike.