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. § 33-272When 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.