A delayed accession is: (1%)
(A) formation of an island
(B) avulsion
(C) alluvium
(D) change in the course of the riverbed
Suggested answer only. Not an official answer and not legal advice.
(B) Avulsion is considered a delayed accession. Under Article 459 of the Civil Code, whenever the current of a river segregates a known portion of land from an estate and transfers it
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Quick check
Under Article 459 of the Civil Code, what happens when a river current segregates a known portion of land and transfers it to another estate?
Under Article 459, the original owner retains title to the segregated land provided he removes it within two years.
Why is avulsion legally classified as a delayed accession under civil law principles?
Avulsion is a delayed accession because the recipient landowner's accession right is delayed during the two-year period allowed for removal.
What is the statutory period within which the original owner of land segregated by avulsion must remove it under Article 459?
Article 459 explicitly prescribes a two-year period within which the original owner must remove the segregated land.
How does avulsion fundamentally differ from alluvium under the Civil Code?
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What is the legal outcome if the original owner fails to remove the segregated land in avulsion within the two-year period?
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Learn more about these topics
1. Delayed Accession Concept
Avulsion is recognized under Philippine civil law as a delayed accession because ownership of the segregated land does not immediately transfer to the owner of the estate to which it attaches. Under Article 459 of the Civil Code, when the current of a river, creek, or torrent segregates a known portion of land and transfers it to another estate, the original owner retains title to the segregated portion for a period of two years, during which time he may remove it.
2. Removal Period Rule
The two-year statutory period provided in Article 459 serves as a suspensive condition for the accession of the segregated land. If the original owner fails to remove the segregated land within two years from the time of segregation, title to the land is lost, and ownership automatically vests in the owner of the estate to which it has been attached. Thus, the accession is delayed for two years to afford the original owner an opportunity to reclaim his property.
3. Alluvium Versus Avulsion
Alluvium and avulsion represent distinct forms of accession continuously formed or suddenly caused by water currents. Unlike alluvium under Article 457, where accretion occurs gradually and imperceptibly giving the riparian owner immediate ownership, avulsion involves a sudden and violent detachment of a known segment of land. Because the segregated portion in avulsion remains identifiable, the original owner preserves ownership for two years, distinguishing it fundamentally from immediate accession by alluvium.