Arkansas § 18-11-704 Right of servient estate owner to relocate easement

Arkansas Statutes

§ 18-11-704 — Right of servient estate owner to relocate easement

Arkansas § 18-11-704

Title18

This text of Arkansas § 18-11-704 (Right of servient estate owner to relocate easement) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 18-11-704 (2026).

Text

A servient estate owner may relocate an easement under this subchapter only if the relocation does not materially:

(1)lessen the utility of the easement;

(2)after the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;

(3)impair an affirmative, easement-related purpose for which the easement was created;

(4)during or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement;

(5)during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;

(6)impair the physical condition, use, or value of the domi

Free access — add to your briefcase to read the full text and ask questions with AI

A servient estate owner may relocate an easement under this subchapter only if the relocation does not materially: (1) lessen the utility of the easement; (2) after the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement; (3) impair an affirmative, easement-related purpose for which the easement was created; (4) during or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement; (5) during the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption; (6) impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; or (7) impair the value of the collateral of a security-interest holder of record in the servient estate or dominant estate, impair a real-property interest of a lessee of record in the dominant estate, or impair a recorded real-property interest of any other person in the servient estate or dominant estate.