Skip to main content
    Skip to explanation
    A.R.S. § 33-276

    What the Arizona Conservation Easement Law Covers

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

    This section sets the reach of the conservation easement article. It applies to qualifying interests created after the law took effect, whatever they are labeled, and it does not invalidate older preservation interests that remain enforceable under other Arizona law.

    Title 33, ESTATES

    azleg.gov

    What This Statute Says

    Closing out the article, this section answers a simple but important question: which interests does the conservation easement law actually govern? The answer turns on substance, not the label used in the document, and it protects older arrangements made under different rules.

    This article does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, that is enforceable under any other law of this state.

    A.R.S. § 33-276

    When This Statute Comes Into Play

    This section is consulted when:

    • A restriction was created before the conservation easement law existed and its status is questioned.
    • A document is labeled as a covenant or restriction rather than an easement, and a party argues it is not covered.
    • A title examiner needs to know whether an old preservation arrangement still holds.

    What This Means for Arizona Families

    Labels do not control here. If a recorded interest does the work of a conservation easement, this article generally reaches it even if the document calls it a covenant or a restriction. That focus on substance protects families who relied on older or differently worded preservation arrangements.

    It also means that an interest created before this law took effect is not wiped out, as long as it was enforceable under some other Arizona law. If you are reviewing the title to family land and find an old preservation restriction, do not assume it is dead just because it predates the modern statute. Our FAQ on handling inherited Arizona property covers title review, and our glossary defines an encumbrance. An Arizona estate planning attorney can confirm whether an older restriction still binds.

    A. This article applies to any interest created after its effective date which complies with this article, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise. B. This article does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, that is enforceable under any other law of this state.

    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.

    Get Started Today

    Need Help With Your Estate Plan?

    Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.