Avulsion

Avulsion refers to the sudden and drastic removal of land from one property and its transfer to another, typically caused by natural forces such as flooding or erosion. Unlike alluvion, which involves gradual changes to land due to the accumulation of sediment, avulsion does not alter property boundaries unless a legal action is taken.

The concept of avulsion has its roots in Roman law, which recognized the distinction between gradual change (alluvion) and sudden change (avulsion) in relation to property boundaries. This legal principle has been preserved and adapted in modern property law.

In modern law, avulsion is significant in resolving disputes over land ownership when sudden events alter geographic features. Courts apply the principle to determine property rights and respect the established boundaries prior to avulsion, ensuring landowners retain their rights even after natural disruptions.

• During a severe flood, a river shifts its course and abruptly washes away a significant portion of a property, transferring that land to a neighboring property.
• A landslide suddenly deposits soil from one parcel of land to another, leading to disputes between landowners about the new boundary lines.

• State v. Central New Hampshire Power Co., 64 N.H. 157 (1886)