Accretion

Question 1

Accretion

Answer 1

gradual/imperceptible growth/retreat of land at the border of water. In tidal cases, moves to land owners.
*** gradual, imperceptible in progress, natural causes or human activity not intended to grow/lose land

Question 2

Avulsion

Answer 2

sudden and perceptible loss/gain - no right to increased/decreased land

Question 3

Southern Centre of Theosophy v South Australia

Answer 3

P owns property on lake. Claims accreted lands by water deposits and wind. Accretion applies in inland lakes and allodial land. Can be excluded, but needs to be done expressly so. Can apply to land growth due to windblown sand at land/water boundary

Question 4

AGBC v Neilson

Answer 4

D owns island. Crown built highway near. Claims accreted lands. No dice - accretion occurred as a result of highway building, and accreted land cannot be foreshore, must be dry land above mean high water level. PC are irrelevant in determining if accretion did/did not occur

Question 5

Bulman

Answer 5

Dispute over land ownership at a juncture between river and lake. River deposits into dormant lake. Islands rise up and then attach to land. P claims it. No dice - accreted land must go out, not come up (deposits attach to adjoining land, not bed

Question 6

Monashee

Answer 6

1 chain wide strip of land reserved above mean high water mark reserved for Crown. Accretion occurred. The strip does not move. HUGE Policy concerns (could take away owners house)