accretion

Land gained from the sea either by alluvion or dereliction, if the same be by little and little, by small and imperceptible degrees, belongs to the owner of the land adjoining

The act of growing to a thing; usually applied to the gradual and imperceptible accumulation of land by natural causes, as out of the sea or a river. Accretion of land is of two kinds: By alluvion, i. e., by the washing up of sand or soil, so as to form firm ground; or by dereliction, as when the sea shrinks below the usual water-mark. The increase of real estate by the addition of portions of soil, by gradual deposition through the operation of natural causes, to that already in possession of the owner. 2 Washb. Real Prop. 451. Jefferis v. East Omaha Land Co.., 134 In S. 178, 10 Sup. Ct. 518, 33 L. Ed. 872; New Orleans v. United States, 10 Pet 662, 717, 9 In Ed. 573; Lam-mers v. Nissen, 4 Neb. 245; Mulry v. Norton, 100 N. Y. 424, 3 N.Il 581, 53 Am. Rep. 206; Nebraska v. Iowa, 143 U. S. 359, 12 Sup. Ct. 396, 36 In Ed. 186; Ewing v. Burnet, 11 Pet. 41, 9 L. Ed. 624; St. Louis, etc., R. Co., v. Ramsey, 53 Ark. 314, 13 S. W. 931, 8 L. R. A. 559, 22 Am. St. Rep. 195.

In the civil law. The right of heirs or legatees to unite or aggregate with their shares or portions of the estate the portion of any co-heir or legatee who refuses to accept it, falls to comply with a condition, becomes incapacitated to inherit, or dies before the testator. In this case, his portion is said to be "vacant," and is added to the corpus of the estate and divided with it, the several shares or portions of the other heirs or legatees being thus increased by "accretion." Emeric v. Alvarado, 64 Cal, 529, 2 Pac. 418; Succession of Hunter, 45 La. Ann. 262, 12 South. 312.

A growing to, adding to, or increasing, or increase of land by alluvion., v. Alluvion.

The act of growing toa thing; usually applied to the gradual and imperceptible accumulation of land by natural causes, as out of the sea orariver. Aceretion of land isoftwokinds: By alluvion, t. e., by the washing up of sand or soil, 80 as to form firm ground; or by dereliction, as when the sea shrinks below the usual watermark. The increase of real estate by the addition of portions of soil, by gradual deposition through the operation of natural causes, to that already in possession of the owner. 2 Washb. Real Prop. 451.

Amodeof acquu-ingtitle to realty, where portions of the soil are added by gradual deposit, through the operation of natural causes, to that already in possession of the owner. 1 See Accrescere. The deposit itself is ordinarily called alluvion, q. v. Compare Atui^ion. At common law, imperceptible increase to land on the bank of a river by alluvial formations, occasioned by the washing up of the sand or earth, or by dereliction, as where the river shrinks back below the usual watermark. 2 When by addition, It should be so gradual that no one can see how much is added each moment of time.'^ Until new land is made or emerges, there can be no *' accretion " to or increase of the land of which it shall constitute a part. The term, importing an addition of what possesses the characteristics of land, cannot, therefore, be construed to include oysters planted opposite to land.' The i Tile governing additions made to land bounded by a river, lake, or sea, has been much discussed and variously settled by usage and positive law. Almost all jurists and legislators, however, have agreed that the owner of the land, thus bounded, is entitled to these additions. By some, the rule has been vindicated on the principle of natural justice that he who sustains the burden of losses and of repairs, imposed by the contiguity of waters, ought to -receive whatever benefits they may bring by accretion; by others, it is derived from the principle of public policy, that it is the interest of the community that all land should have an owner, and most convenient, that insensible additions to the shore should follow the title to the shore itself.* • [3 Washb. E. P. 451. See also 4 Kent, 438; 34 La. An. 888. ' [Lammers v. Nissen, 4 Neb. 850 (1876), Gantt, J. It is generally conceded that the riparian title attaches to subsequent accretions to the land affected by the gradual and imperceptible operations of natural causes. But whether it attaches to land reclaimed by artificial means from the bed of the river, or to sudden accretions produced by unusual floods, is a question each State decides tor itself. By the common law, such additions to the land on tide or navigable waters belong to the crown. ^ An aerolite belongs to the owner of the fee of the land upon which ib falls. Therefore, a pedestrian upon a highway who first discovers such stone cannot claim title to it, the highway being a mere easement for travel.*

The increase of land

[Lat. accretio, from accrescere, to grow to.] A growing to, adding to, increasing. Most commonly applied to the gradual and imperceptible accumulation and formation of soil, or land, out of the sea, or a river. 3 Kent's Com. 428. See Alluvion.