Alluvion in United Kingdom

Meaning of Alluvion

The following is an old definition of Alluvion [1]: By the common law the addition made to land by the washing of the sea, a navigable river or other stream, whenever the increase is so gradual that it cannot be perceived in any one moment of time. See Alluvio. An addition to riparian land, gradually and imperceptibly made by the water to which the land is contiguous. It is different from “reliction” and the opposite of “avulsion.” See Avulsion; Dereliction, 1. The test as to what is gradual and imperceptible is, that, though the witnesses may see from time to time that progress has been made, they could not perceive it while going on. Whether it is the effect of natural or artificial causes makes no difference. The right to future alluvion is a vested right. It is an inherent and essential attribute of the original property. The title to the increment rests in the law of nature. It is the same with that of the owner of a tree to its fruits, and the owner of flocks and herds to their natural increase. The maxim qui sentit onus debet sentire commodum lies at its foundation. The owner talies the chances of injury and of benefit arising from the situation of the property. If there be a gradual loss he must bear it; if a gradual gain, it is his. The principle applies alike to streams that do, and to those that do not, overflow their banks, and where dykes and other defenses are, and where they are not, necessary to keep the water within its proper limits. It is generally conceded that the riparian title attaches to subsequent accretions to the land affected by the gradual and imperceptible operation of natural causes. But whether it attaches to land reclaimed by artificial means from the bed of the river, or to sudden accretions produced by unusual floods, is a question which each State decides for itself. By the common law such additions to land on navigable (tide) waters belong to the crown. The right to alluvion depends upon the fact of the contiguity of the estate to the river. The accretion belongs to the strip of land to which it attaches, rather than to a larger portion from which the strip, when sold, was separated. See Accession; Accretion; Batture; Riparian.

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Notes and References

1. Concept of Alluvion provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)