Arkansas § 18-11-711 Non-waiver

Arkansas Statutes

§ 18-11-711 — Non-waiver

The right of a servient estate owner to relocate an easement under this subchapter may not be waived, excluded, or restricted by agreement even if:

(1)the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this subchapter;

(2)the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or (3) the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.

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The right of a servient estate owner to relocate an easement under this subchapter may not be waived, excluded, or restricted by agreement even if: (1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this subchapter; (2) the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or (3) the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.

Arkansas § 18-11-711 (Non-waiver) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.