Non-waiver

Ark. Code Ann. § 18-11-711 — under Real Property Interests Generally.

Ark. Code Ann. § 18-11-711

(1) 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.

(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.