Quick answer

The Civil Code rules on accession relating to rivers determine who owns land that a river adds to or takes from an estate, and two key concepts are accretion and avulsion. Accretion (alluvium) is the gradual and imperceptible deposit of soil on the banks of rivers through the effects of the current of the water. The rule is that to the owners of lands adjoining the banks of rivers belongs the accretion which they gradually receive from the effects of the current; the added land accrues to the riparian owner automatically by operation of law. However, this accretion, though owned by the riparian owner, does not automatically become registered land; the owner must still register it under the Torrens system, and until then it may be subject to acquisitive prescription by others. Avulsion, by contrast, is the sudden or abrupt transfer of a known portion of land from one estate to another by the force of the current (for example, a flood tearing off an identifiable piece of one owner's land and depositing it on another's). The rule for avulsion is different: the owner of the land from which the portion was detached retains ownership of it, and may remove or claim it, generally within a period the law provides (such as two years), after which, if not claimed, it may belong to the owner of the land where it was deposited. The key distinction is that accretion is gradual and imperceptible (and belongs to the riparian owner where it forms), while avulsion is sudden and involves an identifiable segment (which remains the original owner's, subject to a time limit to claim it). So a riverbank owner gains land slowly built up by the current, but suddenly displaced land stays with its original owner for a time.

Accretion (Alluvium)

Accretion is the gradual, imperceptible deposit of soil on riverbanks by the current. It belongs automatically to the riparian (bank) owner — but must still be registered, and until then may be lost to prescription.

Avulsion

Avulsion is the sudden transfer of a known, identifiable portion of land by the current (e.g., a flood tearing off a piece). The original owner keeps it and may claim or remove it, generally within a set period (e.g., two years).

The Key Distinction

Accretion is gradual and belongs to the bank owner where it forms; avulsion is sudden and the segment stays the original owner's, subject to a time limit to claim it.

Practical Takeaways

Frequently Asked Questions

What is accretion? The gradual and imperceptible deposit of soil on the banks of rivers through the effects of the current. It belongs to the owner of the adjoining riparian land by operation of law.

What is avulsion? The sudden or abrupt transfer of a known, identifiable portion of land from one estate to another by the force of the current, such as a flood detaching a piece of land.

Who owns land suddenly torn off by a flood? In avulsion, the owner of the land from which the portion was detached retains ownership and may claim or remove it, generally within a period the law provides, after which it may belong to the owner of the land where it was deposited.

Does accretion automatically become titled land? No. Although the accretion belongs to the riparian owner by law, it does not automatically become registered land. The owner must still register it, and until then it may be subject to acquisitive prescription by others.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

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