Avulsion (legal term)
Encyclopedia
In real property law, avulsion refers to a sudden loss or addition to land, which results from the action of water. It differs from accretion
, which describes a gradual loss or addition to land resulting from the action of water.
, you will find that some land on the east side of the river is part of Arkansas
, and some land on the west side of the river is part of Tennessee
. The river changed course quickly, so the state boundary did not change. However, as a river gradually changes through accretion
, the boundary changes with it.
To prove that a change was avulsion and not accretion, it is sufficient for the owner of land which was washed away to point out approximately as much land added to the opposite bank as washed away from his bank.
owners through events like hurricanes that can rapidly erode a shoreline. Courts have determined that littoral owners have the right to all the land that they had previous to the avulsive event.
Accretion (coastal management)
Accretion is the process of coastal sediment returning to the visible portion of a beach or foreshore following a submersion event. A sustainable beach or foreshore often goes through a cycle of submersion during rough weather then accretion during calmer periods...
, which describes a gradual loss or addition to land resulting from the action of water.
Avulsion and riparian owners
The distinction between avulsion and accretion becomes important where a river forms the boundary between two riparian owners. In many states (though not all), if the river changes channels by avulsion, the boundary does not change; it remains in the middle of the old channel. (This is why if you look at maps of the lower Mississippi riverMississippi River
The Mississippi River is the largest river system in North America. Flowing entirely in the United States, this river rises in western Minnesota and meanders slowly southwards for to the Mississippi River Delta at the Gulf of Mexico. With its many tributaries, the Mississippi's watershed drains...
, you will find that some land on the east side of the river is part of Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
, and some land on the west side of the river is part of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. The river changed course quickly, so the state boundary did not change. However, as a river gradually changes through accretion
Accretion (coastal management)
Accretion is the process of coastal sediment returning to the visible portion of a beach or foreshore following a submersion event. A sustainable beach or foreshore often goes through a cycle of submersion during rough weather then accretion during calmer periods...
, the boundary changes with it.
To prove that a change was avulsion and not accretion, it is sufficient for the owner of land which was washed away to point out approximately as much land added to the opposite bank as washed away from his bank.
Avulsion and littoral owners
Avulsion can also affect littoralLittoral
The littoral zone is that part of a sea, lake or river that is close to the shore. In coastal environments the littoral zone extends from the high water mark, which is rarely inundated, to shoreline areas that are permanently submerged. It always includes this intertidal zone and is often used to...
owners through events like hurricanes that can rapidly erode a shoreline. Courts have determined that littoral owners have the right to all the land that they had previous to the avulsive event.