90. Contribution to repairs

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 other 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.

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

For the purpose of subsection (2), any liability of a proprietor of an easement ceases from the time at which he delivers to the proprietor of the servient tenement a registrable release of the easement.[86