Land Titles Act 1993 · 2020 Revised Edition · Part 10 · Easements
102. Contribution to repairs
Feedback & supportWhere 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.
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
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.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;
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.
servient tenement
“dominant tenement” and “servient tenement” mean, respectively, the land to which the benefit of an easement has been made appurtenant, and the land which is subject to the burden of an easement.(2) Nothing in this Act is to be construed as altering the law relating to the natural rights to support, light, air, water, or to access to a highway, nor as altering any rule or principle of law which implies in the grant of an easement such ancillary rights as may be necessary for the effective enjoyment of the easement. In this Part,