Accretion Flashcards
Southern Centre of Theosophy
Grey area between imperceptible and avulsion is left for jury to decide.
Accretion must be gradial and imperceptible. Here extended to cover lakes, allodial land, windblown sand. Used photos to prove accretion.
AGBG v Neilson
Highway built 1930. Did accretion begin before or after? if before, accretions would belong to respondent.
Held that time accretion begins is relevant. Accretion cannot be foreshore. Accretion applies to tidal and non tidal, and navigable and non navigable rivers.
Re Bulman
Accreted land must go out not come up, must attach to joining land not the bed. Policy issues are irrelevant re manurability. If non tidal, must have lost the character of the lake/river bottom. If tidal, must grow past mean high water mark.
Monashee
Inland border of crown reserved strip of land is not mobile unless explicitly described as such. Boundary cannot move. Moving property lines would be too complicated (think of erosion)
Accretion
Gradual, Imperceptible horizontal growth of land. NOT a natural right. Just a rule of construction. Analogy more with ad medium rule. Can be replaced by an explicit document. Can include human activities as long as not deliberate to increase land.
Element of fairness if you have a border along water then you may gain or lose land.
CONSOLIDATION - bring about stable advance of the land… when does fill become land in its natural state? look at integration and consolidation of the soil.
Opposite is avulsion, where the boundary remains the same.
Bryans Transfer Case
Brings forward CL and Statutory provisions. CA is clear that the common law prevails and statutory provisions dont present intent to replace CL. Land title act didnt show an intention to get rid of common law accretion.
Presumption that legislature does not intend to depart from current established principles and policies unless clearly expressed.
