Your land is subject to an easement allowing pipes and cables for utilities to run across your land. However, the electricity company will only run a supply if you agree to enter into a deed of grant with it. Are you obliged to do so?

A trivial interference with a right of way (or other easement) is not actionable. But, the court will interfere if there is a substantial obstruction. However, what if the defendant offers an alternative route that is just as good as the original route?

Be careful when dealing with easements arising under a lease that cannot be registered. Typically, this will be a lease of seven years or less (eg when it is a lease of part-only of the land).

The starting point is to distinguish between legal and equitable easements. Easements under a lease for a term of years will be legal easements provided they are created under deed. So, a lease of seven years or less which is made by deed will almost certainly create legal easements. On the other hand, if that same lease is merely in writing, and not granted by deed, then the easement will be equitable. This has important implications:

We normally think of the concept of derogation from grant in the context of leases (eg L cannot do something that conflicts with the lease he has granted to T). However, it is worth remembering that it can also apply in the context of easements, such as rights of way.