Non-waiver

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. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023. 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. Added by Act 2023, No. 505,§ 1, eff. 8/1/2023.