easement

[boomer1326]

Arkansas -- We have written approval from all utilities to construct a workshop within a utility easement at the rear of our lot. We have city permits & are 90% built. A new neighbor is now suing based on an old, never enforced Bill of Assurance which states: "No buildings, fences, incinerators, driveways, or any other permanent structure or improvement of any kind ... shall be built or maintained within the area of any of the easements ... and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility will be liable for destruction of same in maintaining or repairing its lines ... ."

Do the variances and city permits supersede the Bill?

 

[HomeGuru]

If the restriction is recorded on title that overrides the City.