What This Statute Says
The statute provides a model amendment that an owner can fill in and record. Using the model is optional. An amendment in any form that meets section 33-535 is equally valid.
An owner may use the following form for an amendment under section 33-533: [Title: Amendment to Remove Unlawful Restriction] The undersigned, who is an owner of the real property described as [identify property], hereby amends [identify document] to remove the unlawful restriction stated as follows: [recite or quote the unlawful restriction]. This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined in section 33-532, Arizona Revised Statutes. This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction.
A.R.S. § 33-536When This Statute Comes Into Play
The template is most useful for owners working without a real estate attorney, or for attorneys preparing dozens of amendments where consistency matters. It eliminates the drafting question because the legislature has already written a form that complies with 33-535.
What This Means for Arizona Families
If you want to clean up a recorded unlawful restriction on your Arizona property and the cost or delay of hiring an attorney is the obstacle, this template lets you take the first step yourself. The form is short, the blanks are clearly marked, and the recorder will accept it as long as the formalities in 33-535 are satisfied (proper acknowledgment, correct county, prescribed conspicuous statement).
Two cautions are worth noting. First, confirm that the language you want to remove actually qualifies as an unlawful restriction under section 33-532. Not every old covenant is unlawful; some are simply outdated or unenforceable for other reasons. Second, recording is a public act, and once filed the amendment is permanent. Our FAQ on handling defects in property deeds covers situations where talking to a real estate lawyer first saves trouble. For straightforward cases, the template combined with a notary visit gets the job done. A quitclaim deed is a different tool that conveys interests; this amendment leaves ownership alone and only cleans the recorded restriction.