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    A.R.S. § 33-274

    When an Arizona Conservation Easement Is Valid and Assignable

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

    A conservation easement is valid only if it is recorded, and third party enforcement rights cannot be assigned without the holder's written consent. The law makes clear the easement stays valid even though it breaks several traditional common law rules about easements.

    Title 33, ESTATES

    azleg.gov

    What This Statute Says

    Old common law was hostile to easements that did not fit neat categories. This section sweeps those objections aside for conservation easements, while adding two firm requirements: the easement must be recorded, and enforcement rights cannot be handed off without consent.

    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.

    A.R.S. § 33-274

    When This Statute Comes Into Play

    This section controls when:

    • An easement was signed but never recorded, leaving its validity in doubt.
    • A holder wants to transfer its enforcement role to another organization.
    • A title company or buyer challenges an easement as not fitting traditional easement rules.

    What This Means for Arizona Families

    Recording is everything here. A conservation easement that is never recorded with the county recorder simply is not valid, no matter how carefully it was drafted or how sincerely it was intended. Families who want the protection to hold up have to follow through on the recording step, and the same is true for any later release or change.

    The statute also protects the conservation purpose by blocking a holder from quietly assigning away its enforcement rights without written consent. If you are buying, selling, or inheriting land that may carry one of these restrictions, confirm what is actually on record. Our FAQ on the requirements for a valid Arizona property deed covers related recording rules, and our glossary defines real property. An Arizona estate planning attorney can pull the title record and confirm the easement is enforceable.

    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.

    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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