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. (1) the instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter;
2. (2) the instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or
3. (3) the location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.

Enacted by Chapter 305, 2022 General Session