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Arizona
Law
Arizona Revised Statutes
Title 33Arizona Revised Statutes Title 33
Property
| Chapter 1 | LANDMARKS AND SURVEYS |
| Article 1 | In General |
| 33-101 | Petition to establish landmarks |
| 33-102 | Minutes or field notes of survey; requirements; recording |
| 33-103 | Monuments at section and quarter section corners; reestablishment of corners; monument requirements; destruction of monuments; classification |
| 33-104 | Right of person making land survey to enter lands; damages for injury to lands |
| 33-105 | Recording of certain land surveys; contents |
| 33-106 | Corner record survey; filing; contents |
| Article 3 | Arizona Coordinate System, 1983 |
| 33-131 | Arizona coordinate system, 1983; zones; composition |
| 33-132 | Coordinates of system; zone definitions |
| 33-133 | Ground markings of system; accuracy specifications; horizontal control stations |
| 33-134 | Tract located in more than one zone; description |
| 33-135 | Reliance of purchaser or mortgagee not required |
| 33-136 | Public lands survey descriptions; conflicts; control |
| 33-137 | Recording, filing, publishing extensions and densifications of the ground marking system |
| 33-138 | Recording prerequisite |
| Chapter 2 | ESTATES |
| Article 1 | Definitions and Classifications |
| 33-201 | Duration of interest; fee tail prohibited |
| 33-202 | Estates as property interest; freeholds; chattels real; chattel interests |
| 33-203 | Right to possession of lands; estates in possession; estates in expectancy |
| 33-204 | Estates in expectancy; reversions; future estates; remainders |
| 33-205 | Vested future estates; contingent future estates |
| Article 2 | Future Interests |
| 33-221 | Estates in expectancy; alienability |
| 33-222 | Alternative future estates |
| 33-223 | Time of creation of estates in expectancy |
| 33-224 | Effect of conveyance purporting to create fee tail; effect of conveyance by tenant in tail |
| 33-225 | Indefeasibility of expectant estates; exception |
| 33-226 | Defeasibility of expectant estate by terms of grant or devise |
| 33-227 | Contingent remainder as conditional limitation |
| 33-228 | Indestructibility of contingent remainders |
| 33-231 | Rule in Shelley's case abolished |
| 33-233 | Life estate in term of years |
| 33-234 | Time when remainder on life estate or term of years takes effect |
| 33-236 | "Heir" and "issue" as words of limitation |
| 33-237 | Effect of posthumous children upon limitations |
| 33-239 | Use of accumulations for support and education of children |
| 33-240 | Ownership of rents and profits arising during suspension of power of alienation |
| Article 3 | Perpetuities |
| 33-261 | Rule against perpetuities |
| Article 4 | Conservation Easements |
| 33-271 | Definitions |
| 33-272 | Creation, conveyance, acceptance and duration |
| 33-273 | Judicial actions |
| 33-274 | Validity and assignment of conservation easements |
| 33-275 | Application of other laws |
| 33-276 | Applicability |
| Chapter 3 | LANDLORD AND TENANT |
| Article 1 | Obligations and Liabilities of Landlord |
| 33-301 | Posting of lien law and rates by innkeepers |
| 33-302 | Maintenance of fireproof safe by innkeeper for deposit of valuables by guests; limitations on liability of innkeeper for loss of property of guests |
| 33-303 | Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions |
| Article 2 | Obligations and Liabilities of Tenant |
| 33-321 | Maintenance of premises |
| 33-322 | Damage to premises; classification |
| 33-323 | Liability of person in possession of land for rent due thereon |
| 33-324 | Denial of landlord's title by lessee in possession prohibited |
| Article 3 | Termination of Tenancies |
| 33-341 | Termination of tenancies |
| 33-342 | Effect of lessee holding over |
| 33-343 | Premises rendered untenantable without fault of lessee; nonliability of tenant for rent; right to quit premises |
| Article 4 | Remedies of Landlord |
| 33-361 | Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement |
| 33-362 | Landlord's lien for rent |
| Article 5 | Applicability of Chapter |
| 33-381 | Limitation |
| Chapter 4 | CONVEYANCES AND DEEDS |
| Article 1 | Formal Requirements and Model Forms |
| 33-401 | Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects |
| 33-402 | Forms for conveyances; quit claim; conveyance; warranty; mortgage |
| 33-403 | Easement description; validity |
| 33-404 | Disclosure of beneficiary; recording; failure to disclose |
| 33-405 | Beneficiary deeds; recording; definitions |
| Article 2 | Recording |
| 33-411 | Invalidity of unrecorded instrument as to bona fide purchaser; acknowledgment required for proper recording; recording of instruments acknowledged in another state; exception |
| 33-411.01 | Recording real estate documents; indemnification by transferor |
| 33-412 | Invalidity of unrecorded instruments as to bona fide purchaser or creditor |
| 33-413 | Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor |
| 33-414 | Recording of judgments affecting title to real property; inadmissibility of unrecorded judgment |
| 33-415 | Recording of master mortgages; including master mortgage provisions by reference in other mortgage |
| 33-416 | Record of instrument duly recorded as notice |
| 33-417 | Law governing validity of instruments; recording of instruments valid when executed; validity of instruments recorded prior to October 1, 1913 |
| 33-418 | Recording of conveyances recorded prior to 1865 or recorded in New Mexico or Republic of Mexico |
| 33-419 | Effect of record as notice of instrument affecting land located in subsequently created county |
| 33-420 | False documents; liability; special action; damages; violation; classification |
| 33-421 | Nonconsensual lien; marketability of title |
| 33-422 | Land divisions; recording; disclosure affidavit |
| Article 3 | Rules of Construction and Interpretation |
| 33-431 | Grants and devises to two or more persons; estates in common; community property with right of survivorship |
| 33-432 | Presumption of intention to convey fee |
| 33-433 | Effect of alienation purporting to pass greater right than possessed by person making alienation |
| 33-434 | Covenants between purchaser and seller |
| 33-434.01 | Seller's duty to disclose; soil remediation; definition |
| 33-435 | Covenants implied from word "grant" or "convey" |
| 33-436 | Effect of insubstantial conditions in conveyance |
| 33-437 | Defective conveyance as contract to convey |
| 33-438 | Sale of property subject to certain liens and encumbrances |
| 33-439 | Restrictions on installation or use of solar energy devices invalid; exception |
| Article 4 | Power to Convey |
| 33-451 | Conveyance of separate property |
| 33-452 | Conveyance of community property |
| 33-453 | Conveyance of homestead |
| 33-454 | Power of attorney from one spouse to the other to execute instruments relating to property |
| 33-455 | Conveyance of absolute title by judicial sale; effect upon rights of persons not parties |
| 33-456 | Passage of title to real or personal property by judgment |
| 33-457 | Fraudulent representation by married person of ability to convey realty; classification |
| 33-458 | Resale of realty with intent to defraud; classification |
| Article 5 | Uniform Recognition of Acknowledgments Act |
| 33-501 | Recognition of notarial acts performed outside this state |
| 33-502 | Authentication of authority of officer |
| 33-503 | Certificate of person taking acknowledgment |
| 33-504 | Recognition of certificate of acknowledgment |
| 33-505 | Certificate of acknowledgment |
| 33-506 | Short forms of acknowledgment |
| 33-507 | Acknowledgments not affected by this article |
| 33-508 | Uniformity of interpretation |
| Article 6 | Acknowledgments |
| 33-511 | Acknowledgment within the state |
| 33-512 | Acknowledgment by a married woman |
| 33-513 | Action to correct certificate of acknowledgment |
| Chapter 5 | GIFTS |
| Article 1 | Formal Requirements |
| 33-601 | Gifts |
| Chapter 6 | MORTGAGES |
| Article 1 | Mortgages Generally |
| 33-701 | Interests which may be mortgaged; formal requirements; recording |
| 33-702 | Mortgage defined; admissibility of proof that transfer is a mortgage |
| 33-703 | Effect of mortgage as lien; right to possession of mortgaged property; rights of mortgagee in property acquired by mortgagor after execution of mortgage |
| 33-704 | Performance of assessment work on mining claim by mortgagee; expense as additional debt secured by mortgage |
| 33-705 | Purchase money mortgage or deed of trust; priority |
| 33-706 | Assignment of mortgage; recording as notice |
| 33-707 | Acknowledgment of satisfaction; recording |
| 33-708 | Release by attorney in fact |
| 33-709 | Acknowledgment of satisfaction by personal representative of mortgagee to whom indebtedness was paid before death |
| 33-710 | Release by foreign personal representative, administrator, guardian or conservator |
| 33-711 | Release by heir or legatee |
| 33-712 | Liability for failure to acknowledge satisfaction |
| 33-713 | Discharge by order of court; proof required; effect |
| 33-714 | Expiration of mortgage and deed of trust; applicability |
| 33-715 | Payoff demands; definitions |
| Article 2 | Foreclosure |
| 33-721 | Foreclosure of mortgage by court action |
| 33-722 | Election between action on debt or to foreclose |
| 33-723 | Right of junior lien holder upon foreclosure action by senior lien holder |
| 33-724 | State as party to foreclosure actions |
| 33-725 | Judgment of foreclosure; contents; sale of property; resale |
| 33-726 | Redemption of property by payment to officer directed under foreclosure judgment to sell the property |
| 33-727 | Sale under execution; deficiency; order of liens; writ of possession |
| 33-728 | Recording upon record that mortgage is foreclosed and judgment satisfied; effect |
| 33-729 | Purchase money mortgage; limitation on liability |
| 33-730 | Limitation on deficiency judgment on mortgage or deed of trust as collateral for consumer goods |
| Article 3 | Forfeiture and Reinstatement of Purchaser's Interest Under Contract for Conveyance of Real Property |
| 33-741 | Definitions |
| 33-742 | Forfeiture of interest of purchaser in default under contract |
| 33-743 | Notice of election to forfeit and reinstatement of purchaser's interest |
| 33-744 | Completion of forfeiture by judicial process |
| 33-745 | Completion of forfeiture by notice |
| 33-746 | Request for copy of notice of election to forfeit |
| 33-747 | Appointment of successor account servicing agent |
| 33-748 | Seller's right to foreclose |
| 33-749 | Other remedies |
| 33-750 | Conveyance by seller; payment in full; payoff deed |
| Chapter 6.1 | DEEDS OF TRUST |
| Article 1 | General Provisions |
| 33-801 | Definitions |
| 33-802 | Description of trust property; mailing address of trustor and trustee |
| 33-803 | Trustee of trust deed; qualifications |
| 33-803.01 | Trustee of trust deed; delegation of duties |
| 33-804 | Appointment of successor trustee by beneficiary |
| 33-805 | Deed of trust as security |
| 33-806 | Transfers in trust of real property; uses |
| 33-806.01 | Trustor's right to transfer; transfer fee limit; interest rate increase limit |
| 33-807 | Sale of trust property; power of trustee; foreclosure of trust deed |
| 33-808 | Notice of trustee's sale |
| 33-809 | Request for copies of notice of sale; mailing by trustee; disclosure of information regarding trustee sale |
| 33-810 | Sale by public auction; postponement of sale |
| 33-811 | Payment of bid; trustee's deed |
| 33-812 | Disposition of proceeds of sale |
| 33-813 | Default in performance of contract secured; reinstatement; cancellation of recorded notice of sale |
| 33-814 | Action to recover balance after sale or foreclosure on property under trust deed |
| 33-815 | Method of indexing |
| 33-816 | Limitation on action or sale of trust property |
| 33-817 | Transfer of secured contract |
| 33-818 | Notice from instruments recorded; assignment of a beneficial interest |
| 33-819 | Exempt transactions |
| 33-820 | Trustee's right to rely; attorney's right to act for trustee and beneficiary |
| 33-821 | Exemption from definition |
| Chapter 7 | LIENS |
| Article 1 | Farm Services Lien |
| 33-901 | Lien for furnishing labor or machinery upon agricultural land |
| 33-902 | Procedure to claim lien; foreclosure |
| 33-903 | Nonliability of vendee of crops upon lien for farm services; demand of statement from vendor; refusal to make or making of erroneous statement by vendor; classification |
| 33-904 | Duration of lien |
| 33-905 | Demand by lien holder for enforcement of lien against whole or part of property covered |
| 33-906 | Joinder of actions; costs |
| 33-907 | Enforcement of judgment |
| 33-908 | Additional remedies |
| 33-909 | Release of farm services lien |
| Article 3 | Health Care Provider Liens |
| 33-931 | Lien of health care provider on damages recovered by injured person receiving services; hospital priority |
| 33-932 | Perfecting lien; statement of claim; recording; effect |
| 33-933 | Recording and indexing lien claim |
| 33-934 | Release of claim by injured person ineffective as to lienholder; action to enforce lien |
| 33-935 | Workers' compensation cases exempted |
| 33-936 | Release of hospital lien; liability |
| Article 4 | Innkeeper's Lien |
| 33-951 | Lien on baggage and property of guests |
| 33-952 | Sale of property; notice |
| Article 5 | Judgment Liens on Real Property |
| 33-961 | Filing judgments for payment of money; certified copy of judgment; recording copy to perfect lien against real property; information statement |
| 33-962 | Procedure for filing judgment of justice or municipal court; recording; lien |
| 33-963 | Procedure for recording judgment of federal court; lien |
| 33-964 | Lien of judgment; duration; exemption of homestead; acknowledgment of satisfaction by judgment creditor |
| 33-965 | Entry of reversal or remittitur upon judgment docket; affidavit |
| 33-966 | Superiority of lien for personal injury judgment against person operating railway |
| 33-967 | Money judgment; information statement; amendment to recorded judgment |
| 33-968 | Erroneously identified property owner; lien; release |
| Article 6 | Mechanics' and Materialmen's Liens |
| 33-981 | Lien for labor; professional services or materials used in construction, alteration or repair of structures; preliminary twenty day notice; exceptions |
| 33-982 | Claim of lien by assignee of contract or account for material furnished or labor performed |
| 33-983 | Lien for improvements to city lots or other land |
| 33-984 | Lien for labor or materials furnished mill, factory or hoisting works |
| 33-985 | Lien for labor or materials furnished domestic vessel |
| 33-986 | Lien for labor in cutting wood, logs or ties |
| 33-987 | Lien for labor or materials furnished on waterways, highways, excavations or land |
| 33-988 | Lien for labor or materials furnished railroad |
| 33-989 | Lien for labor or material furnished mines and mining claims; priority |
| 33-990 | Posting of "no lien" notice by owner not operating mine; violation; classification |
| 33-991 | Lands to which liens extend; rural lands; city lots; subdivision lots; mining claims |
| 33-992 | Preference of liens over subsequent encumbrances; professional services liens |
| 33-992.01 | Preliminary twenty day notice; definitions; content; election; waiver; service; single service; contract |
| 33-992.02 | Proof of mailing of preliminary twenty day notice; receipt; affidavit |
| 33-993 | Procedure to perfect lien; notice and claim of lien; service; recording; definitions |
| 33-994 | Right of owner of property against which lien is claimed to withhold payment to original contractor; procedure |
| 33-995 | Duty of contractor to defend action on claim of lien by person other than a contractor; rights of owner against contractor; other rights |
| 33-996 | Joinder of persons claiming liens; claimant as party defendant; intervention |
| 33-997 | Sale of property to satisfy lien |
| 33-998 | Limitation of action to foreclose lien; attorney fees |
| 33-999 | Right of lienholder to have land and improvements sold together or separately; right of purchaser to possession |
| 33-1000 | Priority among mechanic's and materialman's liens; prorating proceeds of foreclosure sale |
| 33-1001 | Priority of claims for current wages owed by owner of property under levy |
| 33-1002 | Definitions; inapplicability of certain liens to owner occupied dwelling; waiver void |
| 33-1003 | Payment bond in lieu of lien right; bond purposes and conditions; recording |
| 33-1004 | Discharge of mechanic's liens; bond; limitations of actions; discharge of surety; judgment |
| 33-1005 | Payments made in trust |
| 33-1006 | Release of mechanic's and materialman's liens; liability |
| 33-1007 | Definition of professional services |
| 33-1008 | Waiver of lien |
| Article 7 | Personal Property Liens |
| 33-1021 | Lien for labor or materials furnished on personal property; right to possess property |
| 33-1021.01 | Dry cleaners' and launderers' lien; foreclosure |
| 33-1022 | Garages; aircraft |
| 33-1022.01 | Fabrication work; lien |
| 33-1023 | Sale of property; disposal of proceeds |
| Article 8 | Uniform Federal Lien Registration Act |
| 33-1031 | Applicability |
| 33-1032 | Place of filing or recording |
| 33-1033 | Execution of notices and certificates |
| 33-1034 | Filing or recording officer; duties |
| 33-1035 | Fees |
| Article 9 | Stop Notices |
| 33-1051 | Definitions |
| 33-1052 | Stop notice; defect in form |
| 33-1053 | Applicability |
| 33-1054 | Persons authorized; notice to owner; failure to serve notice after demand |
| 33-1055 | Persons authorized; election by construction lender to withhold monies; copy of bond; recovery limits |
| 33-1056 | Effective notice |
| 33-1057 | Withholding of money by owner; payment bond |
| 33-1058 | Withholding monies by construction lenders; payment bond |
| 33-1059 | Assignment of monies; effect |
| 33-1060 | Pro rata distribution of monies |
| 33-1061 | False notice |
| 33-1062 | Release of stop notice or bonded stop notice |
| 33-1063 | Commencement of actions; limitations |
| 33-1064 | Dismissal or judgment |
| 33-1065 | Consolidation of actions |
| 33-1066 | Attorney fees |
| 33-1067 | Interest |
| 33-1071 | Commercial real estate broker lien; definition |
| 33-1072 | Lien attachment; notice of commercial real estate broker lien; notice to owner |
| 33-1073 | Contents of notice of lien; verification |
| 33-1074 | oreclosure; limitation of action; attorney fees |
| 33-1075 | Satisfaction of lien; damages |
| 33-1076 | Discharge of commercial real estate broker's liens; bond; limitations of actions; discharge of surety; judgment |
| Chapter 8 | HOMESTEAD AND PERSONAL PROPERTY EXEMPTION |
| Article 1 | Homesteads and Homestead Exemption |
| 33-1101 | Homestead exemptions; persons entitled to hold homesteads |
| 33-1102 | Exemption by operation of law; designation of multiple properties on creditor's request; recording |
| 33-1103 | Effective date of homestead exemption; extent of exemption; exceptions |
| 33-1104 | Abandonment of homestead; encumbrance of homestead |
| 33-1105 | Sale by judgment creditor of property subject to homestead exemption |
| Article 2 | Personal Property Exemption |
| 33-1121 | Definitions |
| 33-1121.01 | Availability of exemptions |
| 33-1122 | Debtor's property not exempt from process |
| 33-1123 | Household furniture, furnishings and appliances |
| 33-1124 | Food, fuel and provisions |
| 33-1125 | Personal items |
| 33-1126 | Money benefits or proceeds; exception |
| 33-1127 | School equipment |
| 33-1128 | Fire fighting equipment |
| 33-1129 | Public property or property of a public character |
| 33-1130 | Tools and equipment used in a commercial activity, trade, business or profession |
| 33-1131 | Def |