Section 102 — Contribution to repairs

(1)Where an instrument creating an easement contains a covenant binding either party to contribute to the cost of construction, maintenance or repair of any way, wall, drain or any other matter (the subject of the easement), then, unless a contrary intention is expressed in the instrument, so long as the easement subsists the covenant binds any successor in title to that party as if the successor had been a party to the original covenant.

(2)This section does not render any person liable to contribute to expenditure incurred at a time before the person became, or after the person ceased to be, a proprietor of the tenement to which the liability is attached.

(3)For the purpose of subsection (2), any liability of a proprietor of an easement ceases from the time at which the person delivers to the proprietor of the servient tenement a registrable release of the easement.