Limited effect of relocation

Ark. Code Ann. § 18-11-710 — under Real Property Interests Generally.

Ark. Code Ann. § 18-11-710

(a) Relocation of an easement under this subchapter:(1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;(2) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this subchapter;(3) is not a breach or default of a lease, except as otherwise determined by a court under law other than this subchapter;(4) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this subchapter;(5) does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and(6) is not a fraudulent conveyance or voidable transaction under law.

(1) is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;

(2) is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this subchapter;

(3) is not a breach or default of a lease, except as otherwise determined by a court under law other than this subchapter;

(4) is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this subchapter;

(5) does not affect the priority of the easement with respect to other recorded real-property interests burdening the area of the servient estate where the easement was located before the relocation; and

(6) is not a fraudulent conveyance or voidable transaction under law.

(b) This subchapter does not affect any other method of relocating an easement permitted under law of this state other than this subchapter.