26/03/2026
HUSTISYA HIGHLIGHTS
Accretion and Alluvion: Who Owns Land Added by the River Flow?
By Ghian Louie B. Garcia
NU Manila AB Political Science Batch '27
In property law, land is often viewed as stable and permanent. However, land boundaries can shift slowly due to natural forces especially the flowing of rivers and water currents. Due to this, the law acknowledges the doctrine of accretion and alluvion, which defines the ownership of the land that is gradually formed as a result of the flow of water.
Accretion is the gradual and unnoticed swelling out of land on the bank of a river or shore owing to the natural operation of the current. The sand or other material deposited or deposited in this process is referred to as alluvion. The riparian principle of ownership grants the adjoining owner of land on the riverbank the right to the deposits. This rule does not restrict the landowner to the access of the water and the rights related to it, like navigation and fishing.
The growth of land should be gradual and unnoticeable to be able to claim ownership over the alluvion. Although the change may become visible over time, it must occur so slowly that it cannot be noticed while it is happening. The law also distinguishes accretion from avulsion, which occurs when a river suddenly changes its course due to events such as floods or storms. In cases of accretion, the boundary moves with the river, while in avulsion the legal boundary remains in its original location.
In Philippine law, the doctrine of alluvion was shown under Civil Code of the Philippines Article 457, which provides that owners of lands adjoining the banks of rivers are entitled to the accretion formed by the natural current of the waters. For this rule to apply, three requirements must be present: the deposit must be gradual and imperceptible, it must result from the natural flow of the river, and it must occur directly along the riverbank of the landowner’s property.
A practical issue arises when accretion occurs on land registered under the Torrens System. Although the riparian owner automatically acquires ownership of the alluvial deposit by operation of law, the newly formed land is not automatically included in the existing certificate of title. The landowner must still apply for its registration. There is risk otherwise that, the land can continue to be susceptible to acquisitive prescription in case the land has been occupied by another individual over the necessary duration as provided by the law.
Moreover, the principles of accretion and alluvion demonstrated the way of how the property law conforms to the natural changes of the environment. While rivers and landscapes may gradually shift, the law provides rules that aimed to maintain fairness and stability in property ownership.
REFERENCES:
Binalay v. Manalo, G.R. No. 92161, 192 SCRA 372 (Supreme Court of the Philippines, March 18, 1991). https://lawphil.net/judjuris/juri1991/mar1991/gr_92161_1991.html
Civil Code of the Philippines, Art. 457 (1950).
Grande v. Court of Appeals, G.R. No. L-17652, 5 SCRA 524 (Supreme Court of the Philippines, June 30, 1962). https://lawphil.net/judjuris/juri1962/jun1962/gr_l-17652_1962.html
Heirs of Emiliano Navarro v. Intermediate Appellate Court, G.R. No. 68166, 268 SCRA 74 (Supreme Court of the Philippines, February 12, 1997). https://lawphil.net/judjuris/juri1997/feb1997/gr_68166_1997.html
Republic v. Court of Appeals, G.R. No. L-61647, 132 SCRA 514 (Supreme Court of the Philippines, October 12, 1984). https://lawphil.net/judjuris/juri1984/oct1984/gr_l-61647_1984.html
