ALLUVIUM VS.

AVULSION
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 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.