§ 101 — Easements to pass on transfer without express mention

101.—(1) Upon registration of a transfer or lease of land to which an easement is appurtenant, the easement passes to the transferee or lessee without any express mention in the transfer or lease.(2) Where a transfer of part of a dominant tenement contains an express agreement that the easement does not pass to the transferee, registration of the transfer operates to release the easement to the extent to which it had been appurtenant to the part transferred.

(3) Except as provided in subsection (2), an easement, so long as it subsists, continues to be appurtenant to every part of the dominant tenement despite severance.

—(1) Upon registration of a transfer or lease of land to which an easement is appurtenant, the easement passes to the transferee or lessee without any express mention in the transfer or lease.

(2) Where a transfer of part of a dominant tenement contains an express agreement that the easement does not pass to the transferee, registration of the transfer operates to release the easement to the extent to which it had been appurtenant to the part transferred.

(3) Except as provided in subsection (2), an easement, so long as it subsists, continues to be appurtenant to every part of the dominant tenement despite severance.