is there an encumberance on real property that is in a trust under AZ estate planning laws

Liens, easements and other encumbrances typically run with the land. Transfers in and out of a trust should have no effect.

An encumbrance against real property is just that -- an encumbrance against the property, or land. If this is a typical encumbrance that runs with the land, e.g. a perpetual access easement, a restriction against certain uses, etc., whoever owns the land will be subject to the encumbrance. This is true regardless of whether the owner is a trust, an individual, or an entity and regardless of whether or how often the property is sold or transferred. Of course, there are exceptions to this general rule and each encumbrance can have language or terms that limit the duration of the encumbrance or provide for automatic termination on some future event.

If you need further assistance, contact McCain & Bursh, PLC, Attorneys at http://www.mccain-bursh.com.