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REFERENCE TITLE: real property conveyances; formal requirements |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1254 |
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Introduced by Senator Mesnard
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AN ACT
amending section 33-401, Arizona Revised Statutes; relating to conveyances and deeds.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-401, Arizona Revised Statutes, is amended to read:
33-401. Formal requirements of conveyance; writing; subscription; delivery; acknowledgment; defects
A. No An estate of inheritance, freehold, or for a term of more than one year, in lands or tenements, shall not be conveyed unless the conveyance is by an instrument in writing, subscribed and delivered by the party disposing of the estate, or by his the party's agent thereunto authorized by writing.
B. Every deed or conveyance of real property must be signed by the grantor and the grantee or the grantee's authorized agent and must be duly acknowledged before some officer authorized to take acknowledgments as prescribed in title 41, chapter 2, article 1.
C. In every deed or conveyance of real property in which the grantee is subject to regulation pursuant to title 6, 10 or 29, or would be subject to regulation pursuant to title 6, 10 or 29 if doing business in this state, the grantee's name and address and the state in which the grantee is incorporated, organized, licensed, chartered or registered shall be set forth fully, together with the name of the country under which the grantee is chartered or formed. The validity of any deed shall not be affected by any failure to comply with the requirements set forth in this subsection.
D. For the purposes of this section, a deed or conveyance that contains any defect, omission or informality in the certificate of acknowledgment, or for which there is any failure to perform a duty or meet a requirement in the taking of the acknowledgment, and that has been recorded in the office of the county recorder of the county in which the property is located shall be is deemed to have been duly acknowledged on and after the date of its recording.
E. A deed or conveyance shall not be accepted for recordation unless the grantee's acceptance of the conveyance is evidenced by the signature of the grantee or the grantee's authorized agent, if AUTHORIZED in writing, on the instrument or by a certificate or resolution of acceptance attached to or printed on the deed or conveyance. If a certificate or resolution of acceptance is used, it may be in substantially the following form:
This is to certify that the interest in real property conveyed by the deed or conveyance to (name of grantee) is accepted and the grantee consents to the recording of the deed or conveyance.
Dated: ________________
Authorized signatory for grantee:____________