Arkansas § 18-11-711 Non-waiver

Arkansas Statutes

§ 18-11-711 — Non-waiver

Arkansas § 18-11-711

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This text of Arkansas § 18-11-711 (Non-waiver) 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. § 18-11-711 (2026).

Text

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.