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Whenever the current of a river, creek or torrent segregates from an estate on its bank a know portion of land and transfers it to another estate, the owner of the land to which the segregated portion belonged retains the ownership of it, provided that he removes the same within two years. This Article treats of Avulsion. Also called the force of the river or delayed accession
River
Creek
Torrent
ALLUVIUM
The deposit of the soil is gradual. Soil cannot be identified. Belongs to owner of property to which it is attached.
AVULSION
Sudden or abrupt process may be seen. Soil can be identified or verified. Belongs to owner from whose property it was detached.
Article 460.
Trees uprooted and carried away by the current of the waters belong to the owner upon which they may be cast, if the owners do not claim them within six months. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place.
Article 461.
River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed.