Avulsion
Legal Definition and Related Resources of Avulsion
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Avulsion
removal by the perceptible action of a river or watercourse , of the soil belonging to one man and joining the same to that of another. Differs from accretion or alluvion in that in cases of avulsion the owner ship of the soil so removed does not change. A sudden and perceptible loss or addition to land by the action of water or a sudden change in the bed or course of a stream. Voider v Wallis, 242 N. W.2d 112, 196 Neb. 222.
Avulsion Alternative Definition
(Lat. avellere, to tear away). The removal of a considerable quantity of soil from the land of one man, and its deposit upon or annexation to the land of another, suddenly and by the perceptible action of water. 2 Washb. Real Prop. 452. In such case, the property belongs to the first owner. Bracton, 221; Hargrave, Tract, de Jure Mar. j Schultes, Aq. Rights, 115-138. The perceptible character of the deposit distinguishes it from accretion (q.v.) See also," "Reliction."
Synonyms of Avulsion
noun
divulsion
evulsion
forcible extraction
plucking out
ripping out
tearing away
tearing off
violent separation
wresting
Associated Concepts: accretion
erosion
riparian rights
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Avulsion in Historical Law
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This definition of Avulsion is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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Avulsion in the United States
Avulsion in Connecticut
is a sudden change in the course or bed of a stream. Lethin v. United States, 583 F. Supp. 863 (1984). When a stream changes its course gradually - i.e., by accretion (see Accretion in comparative law)- the boundaries of the riparian owners (more about ownership in the United States) change with the stream. Goforth v. Wilson, 208 Ark. 35, 37, 184 S.W.2d 814 (1945).
Accretion and avulsion
Accretion and avulsion are, in a sense, the yin and yang of river course change. Accretion is "the gradual, imperceptible addition to land (more in the U.S.) forming the banks of a stream by the deposit of waterborne solids or by the gradual recession of water which exposes previously submerged terrain. State v. Jacobs, 93 Ariz. 336, 380 P.2d 998, 1000 (1963). When a river moves by accretion, the boundary line set by the river continues to run through the center of the river channel in its new location. U.S. v. Byrne, 291 F.3d 1056 (9th Cir. 2002).
English Legal System: Avulsion
In the context of the English law, A Dictionary of Law provides the following legal concept of Avulsion:
A sudden and violent shift in the course of a river that leaves the old riverbed dry. This could be caused by such natural forces as floods, tidal waves, or hurricanes. The alteration of territory by this means does not affect the title to territory; thus new claims by a state that would appear to benefit from the rapid geological change would be disbarred.
Compare accretio
Concept of Avulsion in the context of Real Property
A short definition of Avulsion: A sudden and substantial tearing away of land by water and the deposit of said land as an addition to the land of another owner. The original boundaries apply and ownership of the land in questions remains in the original owner.
Concept of Avulsion in the context of Real Property
A short definition of Avulsion: A sudden and substantial tearing away of land by water and the deposit of said land as an addition to the land of another owner. The original boundaries apply and ownership of the land in questions remains in the original owner.
Meaning of Avulsion
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See Also
Alluvion; Accretion; Deliction; Erosion
Navigable Waters
Waters
Water Courses