Arizona Laws 33-274. Validity and assignment of conservation easements
A. 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.
Terms Used In Arizona Laws 33-274
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property. See Arizona Laws 33-271
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Holder: means either:
(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States. See Arizona Laws 33-271
- Property: includes both real and personal property. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
B. Third party rights of enforcement granted through a conservation easement to a governmental body, charitable corporation or trustee of a charitable trust may not be assigned, except with the prior written consent of the holder of the conservation easement.
C. A conservation easement is valid even though:
1. It is not appurtenant to an interest in real property.
2. It can be or has been assigned to another holder.
3. It is not of a character that has been recognized traditionally at common law.
4. It imposes a negative burden.
5. It imposes affirmative obligations on the owner of an interest in the burdened property or on the holder.
6. The benefit does not touch or concern real property.
7. There is no privity of estate or of contract.