Civil Law and Land Titles and Deeds › Property, Ownership, and its Modifications › Easements › Selected Legal Easements

a. Relating to Waters

Essential Elements of Avulsion: (CSK)

  • Segregation and transfer must be caused by the Current of a river, creek or torrent. (Art. 459)
  • Segregation and transfer must be Sudden or abrupt. (Canas v. Tuason, 5 Phil. 688)
  • The portion of land transported must be Known or identifiable. (Art. 459)

Note: In avulsion, the owner should remove the transferred portion within two (2) years; otherwise, it becomes permanently attached. (Art. 459)

Uprooted Trees - Trees uprooted and carried away by the current of the waters (Art.460)

Rules Regarding Uprooted Trees

OWNERS DO NOT CLAIM WITHIN 6MOS OWNERS CLAIM WITHIN 6MOS
Belong to the owner of the land upon which the trees may be cast. (Art. 460) Owners pay the expenses incurred in gathering them or putting them in a safe place. (Art. 460)

Requisites:

  • There must be a natural change in the course of the waters of the river.
  • The river bed must be abandoned through that natural change. (Art. 461)

Authorities

  • Canas v. Tuason
  • Civil Code, Sec. 459
  • Civil Code, Sec. 460
  • Civil Code, Sec. 461