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. § 33-276When 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.