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    A.R.S. § 33-272

    Creating and Recording a Conservation Easement in Arizona

    Verified June 8, 2026 • 57th Legislature, 2nd Regular Session

    A conservation easement may be created, conveyed, modified, or terminated much like other easements, but only voluntarily and only with the right parties signing. It takes legal effect once the holder accepts it and the acceptance is recorded. Unless the document says otherwise, the easement lasts indefinitely.

    Title 33, ESTATES

    azleg.gov

    What This Statute Says

    This is the operating manual for conservation easements. It explains how they are created and recorded, who has to sign off on any change, when the easement actually takes legal effect, and how long it lasts.

    No right or duty in favor of or against a holder and no right in favor of a governmental body, charitable corporation or trustee of a charitable trust having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.

    A.R.S. § 33-272

    When This Statute Comes Into Play

    This section governs the mechanics whenever an easement is set up or changed:

    • A landowner signs an easement, but it has no legal force until the holder accepts it and records the acceptance.
    • The family later wants to modify or release the easement, which requires the current owner, the holder, and any third party enforcer to agree in writing.
    • A lender or prior interest holder must consent before the easement can affect their existing rights in the land.

    What This Means for Arizona Families

    Timing and paperwork decide whether a conservation easement is real or just an idea on paper. A signed easement does nothing until the holder formally accepts it and that acceptance is recorded with the county. Families who assume the handshake or the signature is enough can be surprised to learn the protection never legally attached.

    The same care applies to changes. Once the easement is in place, it generally lasts indefinitely, and no single party can quietly alter it. The owner, the holder, and any group with enforcement rights all have to agree in writing. If you are inheriting or managing land that carries one of these restrictions, our FAQ on handling inherited Arizona property is a useful starting point, and our glossary explains real property interests. An Arizona estate planning attorney can confirm the easement was properly created and recorded.

    A. Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. For the purposes of this article, conservation easements shall be voluntarily created and shall not be required by a political subdivision or governmental entity. This article neither limits nor enlarges the power or purposes of eminent domain, zoning, subdivision regulations or any right of condemnation under the laws of this state. Any assignment, release, modification, termination or other document altering or affecting a conservation easement need only be executed or approved in writing by the current owner of the real property that is burdened by the conservation easement, the holder of the conservation easement and any governmental body, charitable corporation or trustee of a charitable trust having a third-party right of enforcement. B. No right or duty in favor of or against a holder and no right in favor of a governmental body, charitable corporation or trustee of a charitable trust having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance. C. Except as provided in section 33-273, subsection B, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides. D. An interest in real property in existence at the time the conservation easement is created is not impaired by a conservation easement unless the owner of the interest is a party to the conservation easement or consents in writing to the conservation easement by an instrument acknowledged and recorded in the office of the county recorder of the county in which the affected real property is located. E. The holder of the conservation easement shall provide for the recording of the conservation easement and the recording of its acceptance. The holder of the conservation easement also shall prepare and provide the information prescribed by section 42-12058 to the county assessor for each county in which any portion of the real property that is burdened by the conservation easement is located. F. For the purposes of determining the full cash value of a conservation easement created pursuant to this section, the department of revenue or a county assessor shall use and apply standard appraisal practices and techniques unless a statutory formula takes precedence.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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