What is avulsion?
It is the deposit of known (identifiable) portion of land detached from the property of another which is attached to the property of another as a result of the effect of the current of a river, creek or torrent.
Note: Art. 459 states that “Whenever the current of a river, creek, or torrent segregates from an estate on its banks 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 he removes it within 2 years.
What are the requisites of avulsion?
1. Transfer is caused by the Current of a river, creek, or torrent.
2. Transfer is sudden or Abrupt
3. The Portion of the land transported is known or identifiable.
What is the rule on acquisition of titles over an avulsion?
General Rule: Original owner retains title.
Exceptions: The owner must remove (not merely claim) the transported portion within 2 years to retain ownership, otherwise, the land not removed shall belong to the owner of the land to which it has been adjudicated in case of:
1. Abandonment; or
2. Expiration of 2 years, whether the failure to remove be voluntary or involuntary, and irrespective of the area of the portion known to have been transferred.