Alluvion

That increase of the earth on a shore or bank of a river by the force of the water, as by a current or by waves, which is so gradual that no one can judge how much is added at each moment of time. Inst. 1. 2, tit. 1, § 20; 3 Barn. & C. 91; Code Civil Annote, note 556. See "Accretion;" "Reliction."

That increase of the earth on a shore or bank of a river, or te the shore of the sea, by the force of the water, as by a current or by waves, Which is so gradual that no one cain judge how much is added at eaeh moment of time. Inst.1.2,t.1,§20. Ang. Watereourses, 53. The term is chiefly used to signify a gradual increase of the shore ofa running stream, produced by deposits from the waters. By the common law, alluvion is the atidition made to land by the washing of the sea, or a navigable river or other stream, whenever the increase is so gradual that it cannot be perceived in any one moment of time. 64 Tl. 58. Alluvion differs from avulsion in this:

By the common law the addition made to land by the washing of the sea, a navigable river or other stream, whenever the increase is so gradual that it cannot be perceived in any one moment of time.^ See Alluvio. An addition to riparian land, gradually and imperceptibly made by the water to which the land is contiguous. It is different from "reliction" and the opposite of "avulsion."* See Avulsion; Dbkeliction, 1. The test as to what is gradual and imperceptible is, that, though the witnesses may see from time to time that progress has been made, they could not perceive it while going on. Whether it is the effect of natural or artificial causes makes no difference. The right to future alluvion is a vested right. It is an inherent and essentia;! attribute of the original property. The title to the increment rests in the law of nature. It is the same with that of the owner of a tree to its fruits, and the owner of flocljs and herds to their natural increase. The maxim qui sentit onus debet sentire commodum lies at its foundation. The owner talies the chances of injury and of benefit arising from the situation of the property. If there be a gradual loss he must bear it; if a gradual gain, it is his. The principle applies alike to streams that do, and to those that do not, overflow their banks, and where dykes and other defenses are, and where they are not, necessary to keep the water within its proper limits.* It is generally conceded that the riparian title attaches to subsequent accretions to the land affected by the gradual and imperceptible operation 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 which each State decides for itself. By the ' Taylor v. Staples, 8 E. L 179 (1866). See also Bacon V. Bacon, 43 Wis. 203 (1877). n United States v. Landers, 93 U. S. 79, 80 (1875), Field, J.; 13 Op. Att.-Gen. 198. 3 Lovlngston v. St. Clair Gouniy, 64 111. 58, 60 (1873), cases, Thornton, J. « County of St. Clajr v. Lovingston, S3 Wall. 68 (1874), common law such additions to land on navigable (tide) waters belong to the crown.', The right to alluvion depends upon the fact of the contiguity of the estate to the river. The accretion belongs to the strip of land to which it attaches, rather than to a larger portion from which the strip, when sold, was separated." See Accession; Accretion; Battu He; Eipariak.

[Lat. alluvio, q. v.] In the common law. The gradual washing up of sand and earth by a stream or the sea, so as in time to form land (terra firma,) where none existed before; the imperceptible increase or gain of land from water by this process. Bract. fol. 9 a. 2 Bl. Com. 261, 262. 3 Kent's Com. 428, and notes. Schultes' Aquatic Rights, 116. Broom's Max. 71. 1 Crabb's Real Prop. 109, § 105.