Short answer. You do. Article 457 of the Civil Code gives riparian owners — those whose land adjoins the bank of a river — ownership of the accretion that gradually attaches from the effects of the water current. No purchase, deed, or government grant is needed; the additional soil becomes yours by operation of law.
What the law says
To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters.
Civil Code, Article 457 — Alluvion. Read the full provision →
What alluvion means and who benefits
Alluvion is the process by which a river's current deposits soil onto adjoining land, gradually increasing its area. Article 457 is direct: "To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters." This is a form of accession — ownership of the principal thing (your lot) extends to what naturally attaches to it. The key word is gradually: the deposit must happen slowly and imperceptibly over time, not all at once.
Requirements for alluvion to apply
Not every soil deposit at a riverbank qualifies. The accretion must be the natural result of the current — not from man-made works like dredging, diversion, or intentional dumping of fill. The deposit must occur gradually, meaning there is no sudden or identifiable event that transferred a defined piece of land. And the owner claiming the accretion must be the riparian owner — the person whose registered lot actually borders the river. If your property does not directly adjoin the riverbank at its current location, the alluvion rule may not apply to you.
No separate title or registration needed for the accretion
Ownership of the accreted area vests automatically by law. You do not need a new title or a formal grant from the government to own the added soil. However, to benefit from the full protection of the Torrens system — and to prevent another person from later claiming adverse possession — it is advisable to have the accretion surveyed and annotated or incorporated into your existing certificate of title. Registration is not a condition of ownership, but it is strong practical protection.
What alluvion does not cover
Alluvion under Article 457 applies only to accretion from river currents. It does not apply to land deposited by the sea along coastlines, which is governed by different rules. It also does not apply to avulsion — where a flood or current tears away an identifiable piece of land from one property and deposits it on another. In avulsion, the original owner retains ownership of the severed piece for a period, rather than losing it to the receiving landowner. If your riverbank grew suddenly after a major flood that carried visible chunks of soil from upstream, avulsion rules may apply instead.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Republic of the Philippines vs. Arcadio Ivan A. Santos III, et al, G.R. No. 160453, November 12, 2012 — read the decision on LawPhil →
- Emiliano Navarro vs. Intermediate Appellate Court, et al, G.R. No. 68166, February 12, 1997 — read the decision on LawPhil →
- Republic of the Philippines vs. Ramon G. Asuncion, et al, G.R. No. 200772, February 17, 2021 — read the decision on LawPhil →
- Office of the City Mayor of Parañaque City, et al. vs. Mario D. Ebio and His Children/Heirs namely, Arturo V. Ebio, Eduardo, et al, G.R. No. 178411, June 23, 2010 — read the decision on LawPhil →