33-274. Validity and assignment of conservation easements
A. A conservation easement, or any assignment, release, modification, termination or other document altering or affecting a conservation easement, is only valid if recorded with the county recorder of the county in which any portion of the real property burdened by the conservation easement is located.
B. Third party rights of enforcement granted through a conservation easement to a governmental body, charitable corporation or trustee of a charitable trust may not be assigned, except with the prior written consent of the holder of the conservation easement.
C. A conservation easement is valid even though:
1. It is not appurtenant to an interest in real property.
2. It can be or has been assigned to another holder.
3. It is not of a character that has been recognized traditionally at common law.
4. It imposes a negative burden.
5. It imposes affirmative obligations on the owner of an interest in the burdened property or on the holder.
6. The benefit does not touch or concern real property.
7. There is no privity of estate or of contract.
Structure Arizona Revised Statutes
§ 33-101 - Petition to establish landmarks
§ 33-102 - Minutes or field notes of survey; requirements; recording
§ 33-104 - Right of person making land survey to enter lands; damages for injury to lands
§ 33-105 - Recording of certain land surveys; contents
§ 33-106 - Corner record survey; filing; contents
§ 33-131 - Arizona coordinate system, 1983; zones; composition
§ 33-132 - Coordinates of system; zone definitions
§ 33-133 - Ground markings of system; accuracy specifications; horizontal control stations
§ 33-134 - Tract located in more than one zone; description
§ 33-135 - Reliance of purchaser or mortgagee not required
§ 33-136 - Public lands survey descriptions; conflicts; control
§ 33-137 - Recording, filing, publishing extensions and densifications of the ground marking system
§ 33-138 - Recording prerequisite
§ 33-201 - Duration of interest; fee tail prohibited
§ 33-202 - Estates as property interest; freeholds; chattels real; chattel interests
§ 33-203 - Right to possession of lands; estates in possession; estates in expectancy
§ 33-204 - Estates in expectancy; reversions; future estates; remainders
§ 33-205 - Vested future estates; contingent future estates
§ 33-221 - Estates in expectancy; alienability
§ 33-222 - Alternative future estates
§ 33-223 - Time of creation of estates in expectancy
§ 33-225 - Indefeasibility of expectant estates; exception
§ 33-226 - Defeasibility of expectant estate by terms of grant or devise
§ 33-227 - Contingent remainder as conditional limitation
§ 33-228 - Indestructibility of contingent remainders
§ 33-231 - Rule in Shelley's case abolished
§ 33-233 - Life estate in term of years
§ 33-234 - Time when remainder on life estate or term of years takes effect
§ 33-236 - "Heir" and "issue" as words of limitation
§ 33-237 - Effect of posthumous children upon limitations
§ 33-239 - Use of accumulations for support and education of children
§ 33-240 - Ownership of rents and profits arising during suspension of power of alienation
§ 33-261 - Rule against perpetuities
§ 33-272 - Creation, conveyance, acceptance and duration; impairment; recording; county assessor
§ 33-274 - Validity and assignment of conservation easements
§ 33-275 - Application of other laws
§ 33-301 - Posting of lien law and rates by innkeepers
§ 33-321 - Maintenance of premises
§ 33-322 - Damage to premises; classification
§ 33-323 - Liability of person in possession of land for rent due thereon
§ 33-324 - Denial of landlord's title by lessee in possession prohibited
§ 33-341 - Termination of tenancies
§ 33-342 - Effect of lessee holding over
§ 33-362 - Landlord's lien for rent
§ 33-402 - Forms for conveyances; quit claim; conveyance; warranty; mortgage
§ 33-403 - Easement description; validity
§ 33-404 - Disclosure of beneficiary; recording; failure to disclose
§ 33-405 - Beneficiary deeds; recording; definitions
§ 33-406 - Disclosure of transportation of water to property by motor vehicle or train; definition
§ 33-411.01 - Recording real estate documents; indemnification by transferor
§ 33-412 - Invalidity of unrecorded instruments as to bona fide purchaser or creditor
§ 33-413 - Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor
§ 33-416 - Record of instrument duly recorded as notice
§ 33-420 - False documents; liability; special action; damages; violation; classification
§ 33-420.01 - Suspension of line of credit; payoff demand statement; definitions
§ 33-422 - Land divisions; recording; disclosure affidavit
§ 33-423 - Disclosure; reports; indemnity; applicability; violation; classification
§ 33-432 - Presumption of intention to convey fee
§ 33-434 - Covenants between purchaser and seller
§ 33-434.01 - Seller's duty to disclose; soil remediation; definition
§ 33-435 - Covenants implied from word "grant" or "convey"
§ 33-436 - Effect of insubstantial conditions in conveyance
§ 33-437 - Defective conveyance as contract to convey
§ 33-438 - Sale of property subject to certain liens and encumbrances
§ 33-439 - Restrictions on installation or use of solar energy devices invalid; exception
§ 33-440 - Enforceability of private covenants; amendment of declaration; definitions
§ 33-441 - For sale signs; restrictions unenforceable
§ 33-442 - Prohibition on transfer fees; exceptions; definitions
§ 33-451 - Conveyance of separate property
§ 33-452 - Conveyance of community property
§ 33-453 - Conveyance of homestead
§ 33-455 - Conveyance of absolute title by judicial sale; effect upon rights of persons not parties
§ 33-456 - Passage of title to real or personal property by judgment
§ 33-457 - Fraudulent representation by married person of ability to convey realty; classification
§ 33-458 - Resale of realty with intent to defraud; classification
§ 33-511 - Acknowledgment within the state
§ 33-512 - Acknowledgment by a married woman
§ 33-513 - Action to correct certificate of acknowledgment
§ 33-701 - Interests which may be mortgaged; formal requirements; recording
§ 33-702 - Mortgage defined; admissibility of proof that transfer is a mortgage
§ 33-705 - Purchase money mortgage or deed of trust; priority
§ 33-706 - Assignment of mortgage; recording as notice
§ 33-707 - Acknowledgment of satisfaction; recording
§ 33-708 - Release by attorney in fact
§ 33-710 - Release by foreign personal representative, administrator, guardian or conservator
§ 33-711 - Release by heir or legatee
§ 33-712 - Liability for failure to acknowledge satisfaction
§ 33-713 - Discharge by order of court; proof required; effect
§ 33-714 - Expiration of mortgage and deed of trust; applicability
§ 33-715 - Payoff demands; definitions
§ 33-721 - Foreclosure of mortgage by court action
§ 33-722 - Election between action on debt or to foreclose
§ 33-723 - Right of junior lien holder upon foreclosure action by senior lien holder
§ 33-724 - State as party to foreclosure actions
§ 33-725 - Judgment of foreclosure; contents; sale of property; resale
§ 33-727 - Sale under execution; deficiency; order of liens; writ of possession
§ 33-728 - Recording upon record that mortgage is foreclosed and judgment satisfied; effect
§ 33-729 - Purchase money mortgage; limitation on liability
§ 33-742 - Forfeiture of interest of purchaser in default under contract
§ 33-743 - Notice of election to forfeit and reinstatement of purchaser's interest
§ 33-744 - Completion of forfeiture by judicial process
§ 33-745 - Completion of forfeiture by notice
§ 33-746 - Request for copy of notice of election to forfeit
§ 33-747 - Appointment of successor account servicing agent
§ 33-748 - Seller's right to foreclose
§ 33-750 - Conveyance by seller; payment in full; payoff deed
§ 33-802 - Description of trust property; mailing address of trustor and trustee
§ 33-803 - Trustee of trust deed; qualifications
§ 33-803.01 - Trustee of trust deed; delegation of duties
§ 33-804 - Appointment of successor trustee by beneficiary
§ 33-805 - Deed of trust as security
§ 33-806 - Transfers in trust of real property; uses
§ 33-806.01 - Trustor's right to transfer; transfer fee limit; interest rate increase limit
§ 33-807 - Sale of trust property; power of trustee; foreclosure of trust deed
§ 33-808 - Notice of trustee's sale
§ 33-810 - Sale by public auction; postponement of sale
§ 33-811 - Payment of bid; trustee's deed
§ 33-812 - Disposition of proceeds of sale
§ 33-814 - Action to recover balance after sale or foreclosure on property under trust deed
§ 33-816 - Limitation on action or sale of trust property
§ 33-817 - Transfer of secured contract
§ 33-818 - Notice from instruments recorded; assignment of a beneficial interest
§ 33-819 - Exempt transactions
§ 33-820 - Trustee's right to rely; attorney's right to act for trustee and beneficiary
§ 33-821 - Exemption from definition
§ 33-901 - Lien for furnishing labor or machinery upon agricultural land
§ 33-902 - Procedure to claim lien; foreclosure
§ 33-905 - Demand by lien holder for enforcement of lien against whole or part of property covered
§ 33-906 - Joinder of actions; costs
§ 33-907 - Enforcement of judgment
§ 33-908 - Additional remedies
§ 33-909 - Release of farm services lien
§ 33-932 - Perfecting lien; statement of claim; recording; effect
§ 33-933 - Recording and indexing lien claim
§ 33-934 - Release of claim by injured person ineffective as to lienholder; action to enforce lien
§ 33-935 - Workers' compensation cases exempted
§ 33-936 - Release of hospital lien; liability
§ 33-937 - Limitation of lien or assignment; compromise; cause of action; attorney fees
§ 33-951 - Lien on baggage and property of guests
§ 33-952 - Sale of property; notice
§ 33-962 - Procedure for filing judgment of justice or municipal court; recording; lien
§ 33-963 - Procedure for recording judgment of federal court; lien
§ 33-965 - Entry of reversal or remittitur upon judgment docket; affidavit
§ 33-966 - Superiority of lien for personal injury judgment against person operating railway
§ 33-968 - Erroneously identified property owner; lien; release
§ 33-983 - Lien for improvements to city lots or other land
§ 33-984 - Lien for labor or materials furnished mill, factory or hoisting works
§ 33-985 - Lien for labor or materials furnished domestic vessel
§ 33-986 - Lien for labor in cutting wood, logs or ties
§ 33-987 - Lien for labor or materials furnished on waterways, highways, excavations or land
§ 33-988 - Lien for labor or materials furnished railroad
§ 33-989 - Lien for labor or material furnished mines and mining claims; priority
§ 33-990 - Posting of "no lien" notice by owner not operating mine; violation; classification
§ 33-991 - Lands to which liens extend; rural lands; city lots; subdivision lots; mining claims
§ 33-992 - Preference of liens over subsequent encumbrances; professional services liens
§ 33-992.02 - Proof of mailing of preliminary twenty day notice; receipt; affidavit
§ 33-993 - Procedure to perfect lien; notice and claim of lien; service; recording; definitions
§ 33-996 - Joinder of persons claiming liens; claimant as party defendant; intervention
§ 33-997 - Sale of property to satisfy lien
§ 33-998 - Limitation of action to foreclose lien; attorney fees
§ 33-1001 - Priority of claims for current wages owed by owner of property under levy
§ 33-1002 - Definitions; inapplicability of certain liens to owner-occupied dwelling; waiver void
§ 33-1003 - Payment bond in lieu of lien right; bond purposes and conditions; recording
§ 33-1005 - Payments made in trust
§ 33-1006 - Release of mechanic's and materialman's liens; liability
§ 33-1007 - Definition of professional services
§ 33-1021 - Lien for labor or materials furnished on personal property; right to possess property
§ 33-1021.01 - Dry cleaners' and launderers' lien; foreclosure
§ 33-1022.01 - Fabrication work; lien
§ 33-1023 - Sale of property; disposal of proceeds
§ 33-1032 - Place of filing or recording
§ 33-1033 - Execution of notices and certificates
§ 33-1034 - Filing or recording officer; duties
§ 33-1052 - Stop notice; defect in form
§ 33-1054 - Persons authorized; notice to owner; failure to serve notice after demand
§ 33-1057 - Withholding of money by owner; payment bond
§ 33-1058 - Withholding monies by construction lenders; payment bond
§ 33-1059 - Assignment of monies; effect
§ 33-1060 - Pro rata distribution of monies
§ 33-1062 - Release of stop notice or bonded stop notice; surety bond
§ 33-1063 - Commencement of actions; limitations
§ 33-1064 - Dismissal or judgment
§ 33-1065 - Consolidation of actions
§ 33-1071 - Commercial real estate broker lien; definition
§ 33-1072 - Lien attachment; notice of commercial real estate broker lien; notice to owner
§ 33-1073 - Contents of notice of lien; verification
§ 33-1074 - Foreclosure; limitation of action; attorney fees
§ 33-1075 - Satisfaction of lien; damages
§ 33-1101 - Homestead exemptions; persons entitled to hold homesteads; equity
§ 33-1103 - Homestead exemption; extent of exemption; exceptions
§ 33-1104 - Abandonment of homestead; encumbrance of homestead
§ 33-1105 - Sale by judgment creditor of property subject to homestead exemption
§ 33-1121.01 - Availability of exemptions
§ 33-1122 - Debtor's property not exempt from process
§ 33-1123 - Household furniture, furnishings and appliances
§ 33-1124 - Food, fuel and provisions
§ 33-1126 - Money benefits or proceeds; exception
§ 33-1128 - Fire fighting equipment
§ 33-1129 - Public property or property of a public character
§ 33-1130 - Tools and equipment used in a commercial activity, trade, business or profession
§ 33-1131 - Definition; wages; salary; compensation
§ 33-1132 - Waiver of exemption rights void
§ 33-1133 - Other exemption laws
§ 33-1151 - Exemption from execution
§ 33-1153 - Abandonment of exemption; maintenance of residency
§ 33-1204 - Separate titles and taxation
§ 33-1205 - Applicability of local ordinances, rules and building codes
§ 33-1211 - Creation of condominium
§ 33-1213 - Construction and validity of declaration and bylaws
§ 33-1214 - Description of units
§ 33-1215 - Contents of declaration
§ 33-1216 - Leasehold condominiums
§ 33-1217 - Allocation of common element interests, votes and common expense liabilities
§ 33-1218 - Limited common elements
§ 33-1220 - Exercise of development rights
§ 33-1221 - Alterations of units
§ 33-1222 - Relocation of boundaries between adjoining units
§ 33-1223 - Subdivision of units
§ 33-1224 - Easement for encroachments
§ 33-1225 - Use for sale purposes
§ 33-1226 - Easement to facilitate exercise of special declarant rights
§ 33-1227 - Amendment of declaration
§ 33-1228 - Termination of condominium
§ 33-1229 - Rights of secured lenders
§ 33-1230 - Merger or consolidation of condominiums
§ 33-1241 - Organization of unit owners' association
§ 33-1242 - Powers of unit owners' association; notice to unit owner of violation
§ 33-1244 - Transfer of special declarant rights
§ 33-1245 - Termination of contracts and leases of declarant; applicability
§ 33-1247 - Upkeep of the condominium
§ 33-1248 - Open meetings; exceptions
§ 33-1249 - Quorums; applicability
§ 33-1250 - Voting; proxies; absentee ballots; applicability; definition
§ 33-1251 - Tort and contract liability
§ 33-1252 - Conveyance or encumbrance of common elements
§ 33-1252.01 - Conveyance of certain real property
§ 33-1255 - Assessments for common expenses; applicability
§ 33-1257 - Other liens affecting the condominium
§ 33-1258 - Association financial and other records; applicability
§ 33-1259 - Association as trustee
§ 33-1260 - Resale of units; information required; fees; civil penalty; applicability; definition
§ 33-1260.01 - Rental property; unit owner and agent information; fee; disclosure
§ 33-1270 - Department of real estate; enforcement
§ 33-1303 - Supplementary principles of law applicable
§ 33-1304 - Applicability of chapter
§ 33-1305 - Administration of remedies; enforcement; notice and pleading requirements
§ 33-1306 - Settlement of disputed claim or right
§ 33-1307 - Territorial application
§ 33-1308 - Exclusions from application of chapter
§ 33-1310 - General definitions
§ 33-1311 - Obligation of good faith
§ 33-1314 - Terms and conditions of rental agreement; contact information; property; pets
§ 33-1315 - Prohibited provisions in rental agreements
§ 33-1316 - Separation of rents and obligations to maintain property forbidden
§ 33-1318.01 - Early release termination for law enforcement officers; definition
§ 33-1319 - Bedbug control; landlord and tenant obligations; definitions
§ 33-1322 - Disclosure and tender of written rental agreement
§ 33-1323 - Landlord to supply possession of dwelling unit
§ 33-1324 - Landlord to maintain fit premises
§ 33-1325 - Limitation of liability
§ 33-1329 - Regulation of rents; authority
§ 33-1330 - Transfer of records on sale
§ 33-1331 - Notice of foreclosure; effect on lease; damages
§ 33-1432 - Disclosure of written rental agreement
§ 33-1433 - Landlord to deliver possession of mobile home space
§ 33-1434 - Landlord to maintain fit premises
§ 33-1435 - Limitation of liability
§ 33-1436 - Statement of policy; amendment; contents; new statements
§ 33-1438 - Transfer of records; sale of park
§ 33-2123 - Landlord to maintain fit premises
§ 33-1341 - Tenant to maintain dwelling unit
§ 33-1342 - Rules and regulations
§ 33-1344 - Tenant to use and occupy as a dwelling unit
§ 33-1452 - Rules and regulations
§ 33-1454 - Tenant to occupy as a dwelling unit; authority to sublet
§ 33-2131 - Tenant to maintain recreational vehicle space
§ 33-1361 - Noncompliance by the landlord
§ 33-1362 - Failure to deliver possession
§ 33-1363 - Self-help for minor defects
§ 33-1365 - Landlord's noncompliance as defense to action for possession or rent; definition
§ 33-1366 - Fire or casualty damage
§ 33-1367 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
§ 33-1369 - Failure to maintain
§ 33-1370 - Abandonment; notice; remedies; personal property; definition
§ 33-1371 - Acceptance of partial payments; waiver of right to terminate; exception
§ 33-1372 - Landlord liens; distraint for rent
§ 33-1373 - Remedy after termination
§ 33-1374 - Recovery of possession limited
§ 33-1375 - Periodic tenancy; hold-over remedies
§ 33-1376 - Landlord and tenant remedies for abuse of access
§ 33-1377 - Special detainer actions; service; trial postponement
§ 33-1379 - Eviction action; dismissal; sealed records
§ 33-1471 - Noncompliance by the landlord
§ 33-1472 - Failure to deliver possession
§ 33-1473 - Self-help for minor defects
§ 33-1474 - Wrongful failure to supply essential services
§ 33-1475 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
§ 33-1476.02 - Mobile home relocation fund; investment of monies
§ 33-1476.03 - Assessments for mobile home relocation fund; waiver
§ 33-1476.04 - Relocations due to rent increase; mobile home relocation fund; applicability
§ 33-1477 - Failure to maintain by tenant
§ 33-1478 - Remedies for abandonment; required registration
§ 33-1480 - Landlord liens; distraint for rent abolished
§ 33-1481 - Remedy after termination
§ 33-1482 - Recovery of possession limited
§ 33-1483 - Periodic tenancy; holdover remedies
§ 33-1484 - Landlord and tenant remedies for abuse of access
§ 33-1485 - Special detainer actions; service; trial postponement
§ 33-1485.01 - Removal of mobile home from mobile home park; violation; joint and several liability
§ 33-2141 - Noncompliance by the landlord
§ 33-2142 - Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
§ 33-2145 - Remedy after termination
§ 33-2146 - Failure to maintain by tenant
§ 33-2147 - Periodic tenancy; holdover remedies
§ 33-2148 - Retaliatory conduct prohibited; eviction
§ 33-2151 - Assessments for mobile home relocation fund; waiver
§ 33-1381 - Retaliatory conduct prohibited
§ 33-1491 - Retaliatory conduct prohibited; eviction
§ 33-1403 - Supplementary principles of law applicable
§ 33-1404 - Administration of remedies; enforcement; notice and pleading requirements
§ 33-1405 - Settlement of disputed claim or right
§ 33-1406 - Territorial application
§ 33-1407 - Exclusions from application of chapter
§ 33-1408 - Jurisdiction and service of process; recovery of attorney fees; treble damages
§ 33-1410 - Obligation of good faith
§ 33-1413 - Terms and conditions of rental agreement
§ 33-1413.01 - Utility charges; waste, garbage and rubbish removal charges
§ 33-1414 - Prohibited provisions in rental agreements; late payment penalty
§ 33-1415 - Separation of rents and obligations to maintain property forbidden
§ 33-1416 - Preemption by state; regulation of rents; exception
§ 33-1417 - Rebates and referrals prohibited; mobile homes and manufactured homes; damages
§ 33-1418 - Incorporated tenants' park purchase association
§ 33-1419 - Inheritance of mobile home; requirements
§ 33-1501 - Affidavit of affixture for mobile home in mobile home park
§ 33-1571 - Real property loans; exercise of due on sale clauses; prohibition
§ 33-1701 - Definitions; exception
§ 33-1702 - Residential use; prohibition
§ 33-1703 - Lien; rental agreement; contents; late fees
§ 33-1704 - Enforcement of lien
§ 33-1705 - Notice posted in the office
§ 33-1706 - Failure to comply; penalty
§ 33-1801 - Applicability; exemptions; voluntary election to be subjected to chapter
§ 33-1803 - Assessment limitation; penalties; notice to member of violation
§ 33-1804 - Open meetings; exceptions
§ 33-1805 - Association financial and other records
§ 33-1806 - Resale of units; information required; fees; civil penalty; definition
§ 33-1806.01 - Rental property; member and agent information; fee; disclosure
§ 33-1807 - Lien for assessments; priority; mechanics' and materialmen's liens; notice
§ 33-1809 - Parking; public service and public safety emergency vehicles; definition
§ 33-1810 - Board of directors; annual audit
§ 33-1811 - Board of directors; contracts; conflict
§ 33-1812 - Proxies; absentee ballots; definition
§ 33-1813 - Removal of board member; special meeting
§ 33-1814 - Slum property; professional management
§ 33-1815 - Association authority; commercial signage
§ 33-1816 - Solar energy devices; reasonable restrictions; fees and costs
§ 33-1817 - Declaration amendment; design, architectural committees; review
§ 33-1818 - Community authority over public roadways; applicability
§ 33-1819 - Artificial turf ban; prohibition; restrictions; attorney fees; applicability
§ 33-1903 - Appointment of temporary receiver; term; duties, accounting
§ 33-1905 - Slum property; appeal
§ 33-1906 - Licensed property management company; training program
§ 33-1907 - Registration with one-call notification center
§ 33-2002 - Homeowners' association dwelling actions; conditions
§ 33-2101 - Application; duration of stay; exclusions; notice and pleading requirements
§ 33-2103 - Obligation of good faith
§ 33-2105 - Terms and conditions of rental agreement; notice, removal
§ 33-2106 - Prohibited provisions in rental agreements
§ 33-2203 - Management of timeshare plan and timeshare property
§ 33-2206 - Duties of the managing entity
§ 33-2207 - Foreclosure of assessment liens
§ 33-2208 - Association open meetings; exceptions; notices
§ 33-2209 - Financial and other records
§ 33-2211 - Trustee's sale of timeshare estates; notice; cure; notice to prevent sale; definitions
§ 33-2301 - Commercial buildings; telecommunications service; notice; definition
§ 33-2302 - Applicability; commercial properties
§ 33-2401 - Access to private property
§ 33-2501 - Drop box; private property; required consent; exemptions; definitions
§ 33-2602 - Notice and opportunity for hearing; exceptions
§ 33-2605 - Appointment of receiver
§ 33-2606 - Disqualification from appointment as a receiver; exceptions; nomination
§ 33-2607 - Receiver's bond; alternative security
§ 33-2608 - Status of receiver as lien creditor
§ 33-2609 - Security agreement covering after-acquired property
§ 33-2610 - Collection and turnover of receivership property
§ 33-2611 - Powers and duties of receiver
§ 33-2614 - Engagement and compensation of professional
§ 33-2616 - Executory contract; definition
§ 33-2617 - Defenses and immunities of receiver
§ 33-2618 - Interim report of receiver
§ 33-2620 - Removal of receiver; replacement; termination of receivership
§ 33-2621 - Final report of receiver; discharge
§ 33-2622 - Receivership in another state; ancillary proceeding
§ 33-2623 - Effect of enforcement by mortgagee
§ 33-2624 - Court's authority under this chapter
§ 33-2625 - Uniformity of application and construction
§ 33-2626 - Relation to electronic signature in global and national commerce act