HomeAboutContactOffice LocationDownloadsSearchForm LLC Now

Free SeminarsFree NewslettersSite MapSend Page to FriendOur Store

 

LLCsCorporationsReal EstateEstate PlanningLandlord LawAZ LawStatutes

 

Home
AZ Real Estate Law
Contract Prep Service
Home Buyer's Guide
Beneficiary Deeds
AZ Leasing Law
AZ Land Trusts
Real Estate Forms
AZ Dog Bite Law
Junk Fax Law
About Rick Keyt
About Jena Webster
Practice Areas
Fixed Fee Services
Contact Information
Office Map

You are here: Home Arizona Law Arizona Revised Statutes  Title 33

Arizona 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 owneroccupied  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