What This Statute Says
This is a narrow, specialized priority rule. It gives a personal injury or property damage judgment arising from railway operations a senior position over mortgages and deeds of trust within the county.
Judgment against a person operating a railway, or a street railway for injury to any person or property in the operation of the railway shall be a lien within the county where judgment is given, upon the property of such person prior and superior to the lien of any mortgage or trust deed.
A.R.S. § 33-966When This Statute Comes Into Play
This rule is relevant when:
- A personal injury judgment arises from the operation of a railway or street railway.
- A creditor is sorting out lien priority against railway-related property.
- A title examiner encounters competing liens that include a railway injury judgment.
What This Means for Arizona Families
Most families will never encounter this rule directly, but it is a useful illustration of how lien priority works. Normally a recorded mortgage or deed of trust sits ahead of a later judgment. This section flips that order for one specific situation, giving a railway injury judgment a position superior to any mortgage or trust deed within the county.
The broader lesson for families is that not all liens stand in simple recording order. Some statutes grant special priority, which can change who gets paid from a property. Our FAQ on whether creditors can reach inherited property explains the general concern, and our glossary defines a deed of trust. If competing liens affect property in an estate, an Arizona estate planning attorney can help untangle priority.