Article 459.

• Whenever the current of a river, creek or torrent segregates from an estate on its bank a know 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.

• This Article treats of Avulsion.• Also called “the force of the river” or “delayed

accession”

River

Creek

Torrent

ALLUVIUM

• The deposit of the soil is gradual.

• Soil cannot be identified.• Belongs to owner of

property to which it is attached.

AVULSION

• Sudden or abrupt process may be seen.

• Soil can be identified or verified.

• Belongs to owner from whose property it was detached.

Martinez v. Mun. Of San Mateo

• Facts: Alman and Ben owned lands fronting a river. Through the force of the current, an identifiable portion of Ben’s estate was suddenly transferred to Alman’s land. Who owns said portions?

• Held: Ben, the original owner since this is a case of avulsion.

Article 460.

• Trees uprooted and carried away by the current of the waters belong to the owner upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place.

Rule if Trees have been Transplanted

• If the trees have been transplanted by the owner of the land upon which the have been cast on his own land, ownership still pertains to the person who lost the trees provided that the claim was made properly.

Effect if Claim is made but Trees are not removed/recovered

• The trees can still be removed/recovered provided it is done within the period of prescription (4 years) prescribed by law for movable property.

• Article 460 only applies to uprooted trees.• If the uprooted tress still remain attached

to the land that has been carried away, Article 459 shall govern.

Article 461.

River beds 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 shall not exceed the value of the area occupied by the new bed.

Change of Course of Rivers• Question: Alman’s and Ben’s estates face each

other and adjoin a river. Later, the river naturally changes its course and the river bed is abandoned. The new river bed happens to be in the land of Elkie. Who owns the abandoned river bed?

• Answer: Elkie owns the whole abandoned river bed to compensate her for the loss of the land now occupied by the new river bed. However, Alman and Ben shall both have the right to acquire the same by paying the value which shall not exceed the value of the area occupied by the new bed.

Requisites for Article 461 (Change of River Bed) to Apply

• Change must be sudden.• More or less permanent.• Must be natural one.• There must be a definite abandonment by

the government.• Must continue to exist.

Reason for Inserting the phrase “Ipso Facto”

The words Ipso Facto makes it clear that the rule applies by the mere fact of the occurrence of a natural change in the course of the waters.