Preserving Arizona's Earliest Property Records
Arizona's property history stretches back long before statehood. Before the modern county recorder system existed, deeds and conveyances were recorded in probate courts. Some property records were originally filed in the Territory of New Mexico or under the Republic of Mexico, reflecting the region's layered political history.
Deeds or other conveyances recorded prior to January 1, 1865 in the office of any probate court in the state may be transcribed from the records of such court by the county recorder, and records of conveyance of lands within this state heretofore recorded in the state of New Mexico or the Republic of Mexico, upon being properly certified by the officer having charge of such records, may be recorded by the county recorder in the appropriate county of this state.
A.R.S. § 33-418(A)This statute allows those early records to be transcribed into the modern county recording system, preserving the chain of title for properties with roots in Arizona's territorial era.
Constructive Notice Only After 1865
There is an important limitation. The constructive notice effect of recording under this section only applies to instruments recorded after January 1, 1865. Pre-1865 recordings can be transcribed and preserved in the modern system, but the statute does not extend constructive notice to bind third parties based on those earlier records alone.
This section shall not affect or bind in any manner any person or party who has constructive notice of the existence of any deed or other instrument in writing as a recorded deed or instrument except after January 1, 1865.
A.R.S. § 33-418(B)For most Arizona families today, this statute is rarely encountered directly. However, properties with very long ownership histories, particularly in older parts of Tucson, Prescott, or other early settlements, may include documents from this era in their chain of title. A title search that uncovers pre-statehood records can still rely on this statute to confirm their validity within the modern recording system.