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. § 33-274When 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.