What type of evidence is required for easements and servitudes created by drains and utilities?

Easements and servitudes created for drains and utilities are typically supported by observable evidence throughout the property. This means that for such rights of use to be recognized and upheld, there needs to be physical manifestations that show how the drains and utilities are utilized on the property. Observable evidence can include features such as pipes, ditches, or other infrastructure that are readily visible and demonstrate the easement's existence and intended use.

While documented evidence, such as written agreements or legal descriptions, can support the establishment of these rights, in many cases, the actual physical characteristics of the property are crucial. This is especially important in resolving disputes regarding the use of the land where the easement or servitude is claimed. Physical observations serve to validate the presence and use of the drains and utilities, making them a key aspect of establishing these rights.