Non-waiver.
Ark. Code Ann. § 18-11-711
in effectThe 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 older 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.
Source: Arkansas General Assembly, Acts of 2021-2026 (arkleg.state.ar.us)URL: https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=505.pdf&ddBienniumSession=2023%2F2023RFetched: 11/8/2026