Accession Natural

Question 1

Alluvion/ Alluvium

Answer 1

The gradual and imperceptible addition to the banks of the rivers; as the increment which land abutting rivers gradually receive as a result of the current of the rivers.

Soil deposited on the estate fronting the river bank.

Question 2

Accretion

Answer 2

Refers to the process whereby the soil is deposited.

Question 3

Spanish law of waters on Alluvion.

Answer 3

Accretion deposited gradually upon lands contiguous to creeks, streams, rivers, lakes by accession or sediments from the waters thereof, belong to the owner of such lands.

Question 4

Riparian Owners

Answer 4

Owner of the estate fronting the riverbanks.

Question 5

Reason for the rule on alluvion

Answer 5

To compensate the owner for the danger of loss that he might suffer because of the location of his land;

To compensate him for the encumbrances and various kinds f easements to which he property is subject;

To promote the interest of agriculture of the riparian owners is the best position to utilize the accretion.

Question 6

Requisites of the rule on Alluvion (Art. 457) to apply.

Answer 6

1) That the accumulation of soil or sediment be gradual and imperceptible;
2) That it be the result of the actions of the water of the river or the current of the river;
3) That the land where the accretion takes place is adjacent to the banks of the river;
* 4) The river must continue to exist.

Question 7

What are the exceptions to the rule on alluvion? (Art. 458)

Answer 7

The owner of the estates adjoining PONDS or LAGOONS do NOT acquire the land left dry by the natural decrease of the waters, or lose that inundation by them in extraordinary floods.

Question 8

LAKES

Answer 8

Water formed in depressions of the Earth, ordinarily fresh water coming from rivers, brooks, or springs and connected to the sea by them.

Question 9

PONDS

Answer 9

A body of stagnant water without outlet. Bigger than a puddle but smaller than a lake.

Question 10

LAGOONS

Answer 10

Small bodies of water, ordinarily of fresh water and not very deep, fed by the floods, the hollow bed of which is bounded by elevation of land.

Question 11

RIVER

Answer 11

A natural stream of water, of greater volume than a creek, more or less permanent bed, between defined banks, with a current which may either be continuous or affected by the ebb and flow of the tide.

Question 12

What is the rule on Alluvion? (Art. 457)

Answer 12

To the owner of the lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters.

Question 13

Rule on Avulsion (Art. 459)

Answer 13

Whenever 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 owner of the land to which the segregated portion belonged retains the ownership of it, PROVIDED, that he removes the same within two years.

Question 14

What is the rule on Avulsion with respect to UPROOTED TREES? (Art. 460)

Answer 14

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 owner do not claim them within six (6) months. If such owners claim them, they shall pay the expense incurred in gathering them or putting them in a safe place.

Question 15

Requisites for the rules on Avulsion to apply

Answer 15

1) The segregation and transfer must be caused by the current of a river, creek, or torrent;
2) The segregation and must be sudden and abrupt;
3) The portion of land transported must be known or identifiable.

Question 16

What are the rules on the Natural Change of Course of River? (Art. 461)

Answer 16

River bed which are abandoned through the natural change in the course of the waters, IPSO FACTO, belong to the owners whose lands are occupied by the new course in proportion to the area lost.

However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value hall not exceed the value of the area occupied by the new bed.

Question 17

What is the rule when a river open a new bed through a private estate? (Art. 462)

Answer 17

Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion.

Question 18

Article 58 of the Water Code (P.D. 1067)

Answer 18

When a river or stream suddenly changes its course to traverse private land, the owners of the affected land may not compel the government to restore the river to its former bed; nor can they restrain the government from taking steps to revert the river or stream to its former course. The owners of the lands thus affected are not entitled to compensation for any damage sustained thereby. However the former owners of the new bed shall be the owners of the abandoned bed in proportion to the area lost by each.

The owners of the affected lands may undertake to return the river or stream to its old bed at their own expenses; PROVIDED, that a permit therefor is secured from the Secretary of Public Works, Transportaion and Communication and work pertaining thereto commenced within two (2) years from the change in the course of the river or stream.

Question 19

Requisites for the rule on Natural Change of Course of River to apply. (Panlilio v. Mercado)

Answer 19

1) The change must be “sudden” in order that the old river bed may be identified;
2) The changing of the course must be more or less permanent, and not temporary overflooding of another’s land;
3) The change of the river must be a natural one;
4) There must be a definite abandonment by the government;
5) The river must continue to exist. I

Question 20

What are the three kinds of formation of islands described by the Civil Code?

Answer 20

1) Where the current divides itself into branches, leaving a piece of land or part thereof isolated; thereby forming an island;
2) Where an island is formed on a sea, lake or navigable or floatable river through whatever cause;
3) Where there is an island formed in non-navigable or non-floatable river through successive accumulation of deposit in the same manner as alluvion.