Arizona Revised Statutes

Ariz. Rev. Stat. § 33-416 (2026)

Record of instrument duly recorded as notice

✓ current as of May 2026
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The record of a grant, deed or instrument in writing authorized or required to be recorded, which has been duly acknowledged and recorded in the proper county, shall be notice to all persons of the existence of such grant, deed or instrument, but a mortgage of real property may be recorded and constructive notice and the contents thereof given as provided in section 33-415.

Notes of Decisions
Cited in 33 cases (4 in the last 5 years), 1979–2025 · leading case: Collins v. Stockwell, 671 P.2d 394 (Ariz. 1983).
Collins v. Stockwell, 671 P.2d 394 (Ariz. 1983). · cites it 6× “A.R.S. § 33-416. Collins asserts that upon discovering that a notice of claim of lien had been filed Minnesota Title should have made further inquiry to ensure that the contractor’s claim had either been satisfied or had extinguished due to Collins’ failure to file a timely…”
Collins v. Stockwell, 671 P.2d 394 (Ariz. 1983). · cites it 6× “A.R.S. § 33-416. Collins asserts that upon discovering that a notice of claim of lien had been filed Minnesota Title should have made further inquiry to ensure that the contractor's claim had either been satisfied or had extinguished due to Collins' failure to file a timely…”
Watson Constr. Co. v. Amfac Mortg. Corp., 606 P.2d 421 (Ariz. Ct. App. 1979). · cites it 2× “A.R.S. § 33-416. Watson next argues that the deed of trust was defective because it did not contain a caption as required by A.”
State Ex Rel. Dep't of Health Servs. v. Cochise Cnty., 800 P.2d 578 (Ariz. 1990). · cites it 4× “We agree with the state that these other contexts are distinguishable, because inclusion of the state as a "person" in these contexts does not divest it of a property right or a statutory entitlement to collect public funds as it would in this case, but rather enlarges its…”
Villas at Hidden Lakes Condos. Ass'n v. Geupel Constr. Co., 847 P.2d 117 (Ariz. Ct. App. 1993). · cites it 3× “A.R.S. § 33-416 states: "The record of a grant, deed or instrument in writing authorized or required to be recorded, which has been duly acknowledged and recorded in the proper coun *77 ty, shall be notice to all persons of the existence of such grant, deed or instrument____” 2 .”
State ex rel. Darwin v. Arnett, 330 P.3d 996 (Ariz. Ct. App. 2014). · cites it 5× “¶ 24 Arnett asserts that the deed recorded after he purchased the land on which the UST was located provided constructive notice of his ownership of the UST under A.”
Federoff v. Pioneer Title & Trust Co., 803 P.2d 104 (Ariz. 1990). · cites it 2× “” Notice, the final element for a covenant to run with the land, involves one of Arizona’s recording statutes.”
Transamerica Ins. v. Trout, 701 P.2d 851 (Ariz. Ct. App. 1985). · cites it 2× “A.R.S. § 33-416. The statutory period may begin to run on the date of recording if the recorded deed sets forth facts from which the aggrieved party should have realized if had a cause of action.”
Wilson v. Playa De Serrano, 123 P.3d 1148 (Ariz. Ct. App. 2005). · cites it 2× “See A.R.S. § 33-416. Additionally, the parties have not provided this court documents connecting Playa de Serrano Townhouses, Inc.”
Scottsdale Mem'l Health Sys., Inc. v. Clark, 759 P.2d 607 (Ariz. 1988). · cites it 2× “A.R.S. § 33-416. The statutes governing liens do not provide that recording a lien does more than perfect and give constructive notice of the claim of lien.”
Leveraged Land Co., LLC v. Hodges, 232 P.3d 756 (Ariz. Ct. App. 2010). · cites it 4× “See A.R.S. § 33-416. LLC, Raven, and Bingham thereby were made aware of the legal consequences of a successful Rule 59(j) motion by Hodges.”
Geronimo Hotel & Lodge v. Putzi, 728 P.2d 1227 (Ariz. 1986). · cites it 2× “See A.R.S. § 33-416. The trial court also found that Roger Putzi was unaware that his wife’s signature and consent were necessary to lease the property- The court of appeals affirmed on two grounds.”
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