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64.65.080  <<  64.65.090 >>   64.65.100

Nonwaiver.

The right of a servient estate owner to relocate an easement under this chapter 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 chapter;
(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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