Ownership, Encumbrances, Title and Land Descriptions
This chapter gathers four printed outline areas that share one subject, title and the interests carved out of it: property interests, estates and tenancies (10 items), encumbrances (3), acquisitions and transfer of title (5), and land descriptions (4), plus government rights in real property (4).
Estates and co-ownership
A.R.S. 33-431(A) presumes an estate in common whenever land is granted to two or more persons, so survivorship is never assumed: express words are needed to create either a joint tenancy with right of survivorship or community property with right of survivorship. A.R.S. 33-432 presumes a fee simple unless a lesser estate is expressly limited. Condominium ownership is real property with an undivided interest in the common elements; a cooperative member holds shares and a proprietary lease, which are personal property.
Encumbrances and the homestead
Monetary encumbrances such as judgment liens, tax liens and deeds of trust can be discharged by payment; easements, deed restrictions and encroachments cannot. A mechanic's lien claim must be recorded within 120 days after completion, or within 60 days after a recorded notice of completion, and the lien lasts only six months from recording unless suit is filed (A.R.S. 33-993, 33-998). The homestead exemption is automatic, limited to one per person or married couple, and attaches to identifiable cash proceeds of a sale for eighteen months; its dollar amount is adjusted annually for the cost of living (A.R.S. 33-1101).
Transfer, recording and descriptions
A conveyance must be a signed writing, delivered and acknowledged (A.R.S. 33-401), and an affidavit of legal value must be appended at recording (A.R.S. 11-1133). An unrecorded instrument gives no notice to a later purchaser for value without notice, but remains valid between the parties (A.R.S. 33-411, 33-412). Adverse possession generally requires ten years and is capped at 160 acres (A.R.S. 12-526). Arizona descriptions run from the Gila and Salt River Base Line and Meridian; a section is 640 acres and a township is thirty-six sections. State trust land under Article X may be sold or leased only at public auction to the highest and best bidder, and never below appraised true value.
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State-specific details
State exam facts
- State regulator
- Arizona Department of Real Estate (ADRE)
- Exam vendor
- Pearson VUE
- Prelicensing education
- 90 hours of ADRE-approved broker education
- Passing score
- 75%
- Scored questions
- 180
- Time limit
- 315 minutes
Who regulates real estate brokers in Arizona?
The Arizona Department of Real Estate (ADRE) licenses brokers and salespersons. ADRE contracts with Pearson VUE to deliver the licensing exams.
What experience do I need before the Arizona broker exam?
A.R.S. § 32-2124(A)(1) requires an original broker applicant to have been an active licensed real estate salesperson or broker for at least three years during the five years immediately preceding application — the statute counts active licensure, not hours worked, so there is no full-time test. The applicant must also complete a 90-classroom-hour broker course at a commissioner-certified school and pass an examination on it (§ 32-2124(C)); the 27-hour Arizona-specific portion of that course cannot be waived. Under § 32-2136 a broker management clinic consists of three courses of three hours each, and an original broker license applicant must attend one before activating the license.
How is the Arizona broker exam structured?
The Arizona broker exam is administered by Pearson VUE with 180 scored questions (plus 15 unscored pretest items) over about 5 hours 15 minutes, and a score of 75% or higher is required to pass.
Sources: https://azre.gov, https://www.pearsonvue.com/us/en/az/realestate.html
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