An easement, a non-possessory interest in someone's land, is created using the same formalities as a transfer of other interests in land. The property to which the easement pertains may be owned by a private person, a business entity, or a group of owners. Easements generally pass with the property.

One type of easement in Arizona, a conservation easement, is a non-possessory 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 (33-271). Other types of easements include the right-of-way easement and the affirmative easement. An easement is created by conveyance in a deed with the easement type described in the first paragraph of the document.

As a conveyance of a real property interest, an easement in Arizona should be signed by the grantor, duly acknowledged, and then recorded according to law. The easement should be recorded in the county where the property which is the subject of the easement is located. The act of recording provides constructive notice of the contents to subsequent purchasers or encumbrance holders for a valuable consideration without notice.

(Arizona Easement Deed Package includes form, guidelines, and completed example)

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