Arizona Presumes Full Ownership
Under old common law, specific formal language was required to transfer a fee simple estate (full ownership). Arizona eliminated that requirement. If a deed or conveyance does not expressly limit the estate being transferred, Arizona law presumes the grantor intended to convey a fee simple.
Every estate in lands granted, conveyed or devised, although other words necessary at common law to transfer an estate in fee simple are not added, shall be deemed a fee simple if a lesser estate is not limited by express words or does not appear to have been granted, conveyed or devised by construction or operation of law.
A.R.S. § 33-432(A)This is a practical safeguard. It means a straightforward deed that transfers property without specifying the type of estate is treated as a full transfer of ownership. The recipient gets everything the grantor had, unless the deed says otherwise.
What "Land" Includes
The statute also clarifies that "land" in this chapter includes mines and mining claims. This is a reminder that Arizona property law developed alongside the state's mining history, and real property interests extend beyond the surface.
In this chapter, unless the context otherwise requires, "land" means and includes mines and mining claims.
A.R.S. § 33-432(B)For estate planning purposes, this statute reinforces why reviewing how property is titled matters. A deed that does not use precise language about the estate being conveyed will be treated as a full transfer. If you intend to transfer less than full ownership, perhaps a life estate or a limited interest, the deed must say so explicitly.