Removing CC&R’s from unimproved land

What is the process, and who has the authority to remove CC&R’s from unimproved land in Maricopa County, Arizona?

Asked on June 26, 2009 under Real Estate Law, Arizona


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You'd have to file a lawsuit in the court for Maricopa County, most likely.  It's very hard to be more specific without seeing your deed and how the CC&R's are worded;  it might be possible to ask the people protected by those restrictions to release them, and if they agreed, you'd need to have papers drawn that you could record to establish the release.

Real estate law and procedure varies somewhat from one state to another, and sometimes even within different parts of the same state.  For advice you can rely on, based on all of the facts, you should consult an attorney in Maricopa County.  One place to find a lawyer is our website,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.