ALLUVIUM VS. AVULSION

Date Published:
  1. [NO RECOMMENDED CITATION]
  2. PJP UNDOCKETED: This content is yet to be be peer reviewed and has not yet received any favorable recommendation for citation. It may or may not be queued up for citation recommendation or peer review. Caution is advised.
  3. CONTACT US: For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjuris.
Alluvium is gradually deposited on banks adjoining the river.

What are the requisites of alluvium?

[1] Deposit of soil or sediment is gradual and imperceptible
[2] As a result of the action of the currents
of the waters of the river
[3] Land where the accretion takes place is adjacent to the banks of the rivers
[4] Deemed to Exist: When the deposit of the sediment has reached a level higher than the highest level of the water during the year

What are the effects of alluvium?

[1] Land automatically owned by the riparian owner
[2] BUT does not automatically become registered property

What is the rationale of the law on alluvium?

[1] To offset the owner’s loss from possible erosion due to the current of the river; and
[2] Compensate for the subjection of the land to encumbrances and legal easements.

There is avulsion when a portion of land is segregated from one estate by the forceful current of a river, creek or torrent and transferred to another.

What are the requisites of avulsion?

[1] Segregation and transfer of land is sudden and abrupt
[2] Caused by the current of the water
[3] Portion of land transported must be known and identifiable

NOTE: The law on avulsion also apply to sudden transfer by other forces of nature such as land transferred from a mountain slope because of an earthquake

What are the effects of avulsion?

The ownership of the detached property is retained by the owner subject to removal within 2 years from the detachment.