Ark. Code Ann. § 18-11-711: Non-waiver
Where this section sits in the code
- AR Code
- Title 18
- Chapter 11
- Subchapter 7
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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