Accretion, Avulsion & Reliction: Definition & Effects

Let's summarize the differences between accretion and avulsion. Accretion occurs slowly and is imperceptible, while avulsion happens rapidly and perceptibly. The property owner gains ownership of land added to his shore or bank through accretion. However, an owner that loses land to avulsion generally has a right to reclaim it. A shift in a watercourse that serves as a boundary between two parcels of land does not generally change the legal boundary of the parcels if the shift is a result of avulsion. However, it's always important to check your specific state law regarding all of these issues.

Reliction

As any geologist will tell you, there are large areas of land across the planet that used to be covered with water. In fact, a large chunk of the United States was under water when dinosaurs roamed the Earth. But as we all know, this water dried up, leaving land. Reliction is the term we use to describe the gradual and permanent recession of water that results in dry land. A temporary recession of water, such as during drought years, is not considered reliction. Generally speaking, land uncovered by reliction is owned by the property owners whose lands abut it.

Lesson Summary

All right, let's now take a moment to review what we've learned. Water can change the landscape of a parcel of property and thereby affect the legal rights of property owners. We first learned that accretion is the slow, imperceptible deposit of soil onto a bank or shoreline by water. Land that is added by accretion is generally recognized to be owned by the person that owns the original bank or shore.

We then learned that avulsion, on the other hand, is the rapid and perceptible addition or removal of soil from a bank or shore, or a rapid and permanent change in the course of a river or stream. A change in the course of a river or stream due to avulsion does not change the respective property rights of the owners whose land borders the river or stream. Additionally, generally the law recognizes that a property owner that loses soil to avulsion has a right to reclaim it.

Finally, we learned that reliction is the creation of land by the gradual and permanent recession of water. The law generally recognizes that land created by reliction is owned by the property owners whose land abuts the new land.

Legal Disclaimer: The information on this site is for educational purposes only and is not a substitute for professional legal advice.