Avulsion is the process whereby a river, creek or torrent segregates a known portion of land from one estate and transfers it to another estate. For avulsion to occur, the transfer must be sudden or abrupt and the portion of land must be identifiable. The general rule is that the owner of the land from which the portion was detached retains ownership, provided they remove it within two years. If not removed within two years, ownership transfers to the owner of the land to which it was attached. A river is a large natural stream between banks, a creek is a smaller stream, and a torrent is a violent rushing stream. The key differences between avulsion and alluvion are that avulsion involves a sudden detachment and
Avulsion is the process whereby a river, creek or torrent segregates a known portion of land from one estate and transfers it to another estate. For avulsion to occur, the transfer must be sudden or abrupt and the portion of land must be identifiable. The general rule is that the owner of the land from which the portion was detached retains ownership, provided they remove it within two years. If not removed within two years, ownership transfers to the owner of the land to which it was attached. A river is a large natural stream between banks, a creek is a smaller stream, and a torrent is a violent rushing stream. The key differences between avulsion and alluvion are that avulsion involves a sudden detachment and
Avulsion is the process whereby a river, creek or torrent segregates a known portion of land from one estate and transfers it to another estate. For avulsion to occur, the transfer must be sudden or abrupt and the portion of land must be identifiable. The general rule is that the owner of the land from which the portion was detached retains ownership, provided they remove it within two years. If not removed within two years, ownership transfers to the owner of the land to which it was attached. A river is a large natural stream between banks, a creek is a smaller stream, and a torrent is a violent rushing stream. The key differences between avulsion and alluvion are that avulsion involves a sudden detachment and
Avulsion is the process whereby a river, creek or torrent segregates a known portion of land from one estate and transfers it to another estate. For avulsion to occur, the transfer must be sudden or abrupt and the portion of land must be identifiable. The general rule is that the owner of the land from which the portion was detached retains ownership, provided they remove it within two years. If not removed within two years, ownership transfers to the owner of the land to which it was attached. A river is a large natural stream between banks, a creek is a smaller stream, and a torrent is a violent rushing stream. The key differences between avulsion and alluvion are that avulsion involves a sudden detachment and
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What is avulsion?
It is the deposit of known (identifiable) portion of land detached from the property of another which is attached to the property of another as a result of the effect of the current of a river, creek or torrent. Note: Art. 459 states that Whenever the current of a river, creek, or torrent segregates from an estate on its banks a known portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided he removes it within 2 years.
What are the requisites of avulsion?
1. Transfer is caused by the Current of a river, creek, or torrent. 2. Transfer is sudden or Abrupt 3. The Portion of the land transported is known or identifiable.
What is the rule on acquisition of titles over an avulsion?
General Rule: Original owner retains title.
Exceptions: The owner must remove (not merely claim) the transported portion within 2 years to retain ownership, otherwise, the land not removed shall belong to the owner of the land to which it has been adjudicated in case of: 1. Abandonment; or 2. Expiration of 2 years, whether the failure to remove be voluntary or involuntary, and irrespective of the area of the portion known to have been transferred
AVULSION The process whereby the current of a river, creek, or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate The removal of a considerable quantity of earth upon or annexation to the land of another, suddenly, and by the perceptible action of the water
REQUISITES OF AVULSION 1. Sudden and violent 2. Land is identifiable and known 3. Owner of the land where the land was detached retains ownershipsubject to remove land within 2 years N.B: it doesn't matter if it adds or lands on top. It also doesn't matter if there were trees attached to the detached land.
RIVER A natural stream of water, of greater volume than a creek or rivulet flowing, in a more or less permanent bed or channel, between defined banks or walls with a current which may either be continuous in one direction or affected by the ebb and flow of the tide
CREEK
A small stream less than a river
TORRENT
Violent, rushing or turbulent stream
Art. 460. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. (369a) NOTE: The six-month period given in Article 460 should be considered only a condition precedent. The recovery period must be made within the period for prescription.
What is avulsion? Avulsion is the process whereby the current of a river, creek, torrent or lake segregates from an estate on its bank a known portion of land and transfers it to another estate. It is also called the "force of the river", since avulsion implies a violent tearing or breaking away. It may also be referred to as "delayed accession" in the sense that if the owner abandons the soil involved, or fails to remove the same within two years, the land to which it has been attached acquires ownership thereof. What are the requisites of avulsion? 1. 2. 3.
Transfer is caused by the current of a river, creek, or torrent;
Transfer is sudden or abrupt; and, The portion of the land transported is known or identifiable.
What is the rule with regard to avulsion?
General rule: owner of the land to which the segregated portion belonged retains the ownership provided that he removes the same within two years. Exception: If the owner fails to remove within 2 years, the segregated portion shall belong to the owner of the land to which it has been attached. Define river, creek, torrent. River - is a natural stream of water, of greater volume than a creek or rivulet, flowing in a more or less permanent bed or channel, between defined banks or walls, with a current which may either be continuous in one direction or affected by the ebb and flow of the tide. (Black's Law Dictionary) Creek - is a small stream less than a river. Torrent - is a violent, rushing, or turbulent stream. (Webster) Distinguish between alluvion and avulsion. The two may be distinguished from each other in the following ways: 1. 2.
In alluvion, the accretion is gradual, whereas in avulsion, it is sudden and abrupt;
In alluvion, the accretion cannot be identified, whereas in avulsion, it can be identified;
3.
In alluvion, there is merely an attachment, whereas in avulsion, there is first a
detachment followed by attachment; and, 4. In alluvion, the accretion belongs to the owner of the land to which the attachment is made ipso jure, whereas in avulsion, the ownership is retained by the owner of the land from which it is detached, at least, for a certain period. For many years, the Rio Grande river deposited soil along its bank, beside the titled land of Jose. In time, such deposit reached an area of one thousand square meters. With the permission of Jose, Vicente cultivated the said area. Ten years later, a big flood occurred in the river and transferred the 1000 square meters to the opposite bank, beside the land of Agustin. The land transferred is now contested by Jose and Agustin as riparian owners and by Vicente who claims ownership by prescription. Who should prevail? Why? (Bar 2001) Jose should prevail. The disputed area, which is an alluvion, belongs by right of accretion to Jose, the riparian owner (Art. 457 CC). When, as given in the problem, the very same area" was "transferred" by flood waters to the opposite bank, it became an avulsion and ownership thereof is retained by Jose who has two years to remove it (Art. 459, CC). Vicente's claim based on prescription is baseless since his possession was by mere tolerance of Jose and, therefore, did not adversely affect Jose's possession and ownership (Art. 537, CC). Inasmuch as his possession is merely that of a holder, he cannot acquire the disputed area by prescription - See more at: http://legalvault.blogspot.com/2014/09/avulsion.html#sthash.VgQCmibJ.dpuf
