What are Accretion, Reliction, Accession, and Avulsion?
In real estate law, accretion refers to the growth of a land parcel due to soil buildup, typically caused by the buildup of soil near the shoreline of a body of water, such as a river, lake, or ocean. Accretion may also be referred to as alluvion, though this generally refers to the soil buildup itself rather than the buildup process.
In this article, we’ll review the importance of accretion and the associated terms reliction, accession, and avulsion and what they mean for waterfront property owners.
Reliction vs. Accretion
Reliction, in contrast to accretion, refers to the growth of a plot of land due to the recession of a body of water instead of the buildup of soil on the shoreline. If a parcel of land is increased by accretion, the new land area generally becomes the property of the landowner.
This can be highly beneficial to the landowner whose land increases but can be damaging for the landowner whose land decreases. Sometimes, this can lead to disputes between neighbors when one has gained land at the other neighbor’s expense.
In general, accretion does not change existing rights of way. Rights of way refer to the legal ability for individuals who are not the owner of a property to travel through it without trespassing.
In contrast, to accretion, erosion refers to the shrinkage of a land parcel due to the washing away of soil on a shoreline. Erosion typically occurs slowly, over months or years. Depending on local zoning and environmental laws, land lost to erosion is generally permanently lost to the landowner unless they obtain a variance or conditional use permit (CUP) to add soil or sand to the area rebuild the shoreline.
Accretion vs. Avulsion and Erosion
In contrast to erosion, avulsion happens when erosion or accretion occurs very quickly, typically as the result of a serious storm, such as a hurricane. Land lost by avulsion typically can still be claimed by the landowner, which generally gives them the right to reclaim and replenish the land without a special permit. Despite this, if additional land is created by avulsion, the landowner typically does not have ownership over this new land.
Accretion, Reliction, Accession, and Revulsion Regulations Vary Depending on Jurisdiction
Accretion, reliction, accession, erosion, and avulsion are handled differently by different federal, state, and local environmental and zoning regulations. Therefore, in one area, a land parcel increased by accretion may be the property of the landowner, while in other areas, it may not be.
For example, in the state of Florida, a land created as a result of accretion caused by the lowering of the water level due to state activity becomes the property of the abutting property owner. However, the state has the right to purchase this land from the owner for a reasonable price.
All of these environmental phenomena can be extremely important to property owners, as they can significantly impact the value of a residential or commercial property, may increase the price of property or flood insurance, and can often impact the property owner’s ability to get financing. Due to the financial impact of these phenomena, many lawsuits have occurred involving accretion, religion, accession, erosion, and avulsion.
Since all of these terms deal with bodies of water, they can be categorized into the realm of “riparian rights” Riparian rights involve the rights of property owners and members of the general public in regards to land that borders navigable waters. These rights can involve egress and ingress, as well as bathing, boating, and fishing.