avulsion

the doctrine that a boundary is unaltered by an avulsion and in such case, in the absence of prescription, the boundary no longer follows the thalweg but remains at the original line although now on dry land because the old channel has filled up

The removal of a considerable quantity of soil from the land of one man and its deposit upon or annexation to the land of another, suddenly and by the perceptible action of water. 2 Washb. R. P. 452. In such case the property belongs to the first owner; Bract. 221; Hargr. Tract, de Jii/re Mar.; Schultes, Aq. Rights 115; Bouvier v. Stricklett, 40 Neb. 792, 59 N. W. 550. Avulsion by the Missouri river, the middle of whose channel forms the boundary line between the states of Missouri and Nebraska, works no change in such boundary, but leaves it in the centre line of the old channel; Missouri v. Nebraska, 196 U. S. 23, 25 Sup. Ct. 155, 49 L. Ed. 372; Nebraska v. Iowa, 143 U. S. 361, 12 Sup. Ct. 396, 36 L. Ed. 186. See Accretion; Alluvion; Riparian Proprietors; Reliction.

A tearing off, severing, or forcible disruption; the sudden removal of soil from one man's estate to another's, by the immediate and manifest power of a stream.

s Alluvion or dereliction of land which is sudden and considerable. As, where the course of a river is changed by a violent flood and thereby a man loses his ground; in which case he has, as his recompense,_what the river has left in another place.* See further Alluvion.

Earth suddenly removed by water and placed on the land of another; or land joined to another's land by change in the bed of a stream. Such land remains the property of its original owner.

[Lat. avulsio, from aveU lere, to pluck or tear awa^.] In the civil and common law. A tearmg off, severing, or forcible disruption; the sudden removal of soil from one man's estate to another's, by the immediate and manifest power of a stream, (vi Jluminis.) Dig. 41. 1. 7. Inst. 2. 1. 21. A species of adjunction {adjunctio,) produced by a stream of water carrying away a large piece of a person's land at once, and depositing it on that of another, [his neighbor, vicinus.^ In this case, however, the property in the land so torn away is not changed until it has adhered so long to the other's land as to become part of it. Or, in the language of the Institutes, after it has adhered so long that the trees which it brought with it have taken root in the neighbor's land, such trees become his property. Inst. 2. 1. 21. This doctrine has been admitted into the conunon law ever since the time of Bracton. Bract, fol. 9. Schultes* Aquatic Rights, 116. 1 Crahb's Real Prop. 110.