Last Updated on February 18, 2023 by
Accretion in real estate
The term accretion real estate refers to land that forms gradually through natural forces rather than being subdivided by construction. This process, which adds new property sections beginning at the water’s edge and moving land inward, continues over time as erosion, flooding, weathering, and other natural processes take their toll on shorelines.
By natural processes, portions of soil are gradually deposited onto the soil already owned by the owner. Between the time a will is written and the date of death of the testator-the person who wrote it-the increase in value of a specific item bequeathed to a beneficiary. There are two types of land expansion: (1) by alluvion (washing of soil or sand) and (2) by dereliction (shrinkage of the sea below its usual watermark). Alluvion and accretion are often interchangeably used, but alluvion refers to the deposit while accumulation refers to the process of accumulating the sediment. Relicts are not accreted land but land uncovered by subsided water.
Accretion is the legal principle
Accretion is the legal principle that any naturally formed, gradual extension of a tract of land belongs to the owner of the original parcel. This concept applies to both riparian and littoral landowners. Accretion to a riparian box occurs when new land is formed through natural causes along the shoreline. Littoral parcels accrete when new land is developed away from the water. In either case, accretion does not change a boundary line or create a new field of land unless it results in a distinct addition to the original tract.
Accretion usually occurs along rivers and streams, tidal estuaries, and other areas subject to a constant water flow. But it can occur on lakes, ponds, and other non-moving bodies of water. When accretion forms a new parcel of land between a riparian owner’s property and a lake or pond, he may acquire the additional area by adverse possession if it has been so used for so long that its continued use can be presumed to have been permissive. In cases where the littoral or riparian owner fails to claim accretion land, the title automatically reverts to the state.
Riparian and littoral landowners
The concept applies to both riparian and littoral landowners. Accretion to a riparian parcel occurs when new land is formed through natural causes along the shoreline. Littoral parcels accrete when new land is developed away from the water. In either case, accretion does not change a boundary line or create a new field of land unless it results in a distinct addition to the original tract. Accumulation usually occurs along rivers and streams, tidal estuaries, and other areas subject to a constant water flow.
When accretion forms a new parcel between a riparian owner’s property and lake or pond, he may acquire additional area by adverse possession if it has been so used for so long that its continued use can be presumed to have been permissive. In cases where the littoral or riparian owner fails to claim accretion land, the title automatically reverts to the state.
In cases where the littoral or riparian owner fails to claim accretion land, the title automatically reverts to the state. Accretion does not change a boundary line or create a new parcel of land unless it results in a distinct addition to the original tract. Riparian plots accrete when new land is formed along the shoreline, and coastal packages accrete when new land is developed away from the water. However, this process may occur on non-moving bodies of water.
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Example of accretion:
Arnold’s farm borders a large lake is popular with locals and tourists alike during the summer months. During his childhood, Arnold spent time at the lake over which the large house looked, as his grandfather owned the land before passing it down to him.
Arnold recalls the shoreline being closer to the house and his yard. In this example of accretion in real estate, a lake has slowly accumulated silt and soil with each wave that crashes against the shoreline. The increased surface that Arnold left behind over the past half-century or so may have been Arnold’s due to accretion, but there is a limit. The landowner does not claim further on the area if the accretion landmass happens to be adjacent to an existing right of way.
In North Carolina, there is an island known as Topsail Island that is 26 miles long. The beautiful beaches on Topsail Island attract many visitors, as the island is a sea turtle sanctuary. As accretion has added additional land at the surprising rate of 100 feet per year on the island’s southern end, something interesting has been happening. A significant amount of land can be added with accretion. The southern tip of Topsail Island gained more than 300 acres of the new ground over approximately 20 years due to accumulation. If historical records are believed, the inlet adjacent to the island has moved by about 6 miles since 1738.
Acquisition by accession in law
Different industries and contexts have different definitions of access. Acquiring title to a piece of personal property by putting labor or raw materials into its improvement is known as acquisition by accession in law. By definition, acquisition by accession occurs when one party steals from another and changes the stolen property by adding raw materials, thus increasing the value. Despite the right to retrieve all the original materials he lost, the question is now, Is he entitled to ownership of all modifications and additions to the property? Owners of raw materials generally have ownership rights to the finished product of a thief.
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What is accretion in inheritance?
Accretion in inheritance refers to adding additional property or assets to an existing inheritance. It occurred when the original inheritance was not specific enough in defining the property or assets included, leaving room for additional items to be added later. This could occur when the original inheritance includes language such as “all of my personal property” without specifying the exact items included.
Accretion is governed by the laws of intestacy, which guide how assets are to be distributed when a person dies without a will. When a person dies intestate, the court may interpret the language of the will or estate plan to determine what items should be included in the inheritance. If the language is vague or ambiguous, the court may allow for additional assets to be included through accretion.
Accretion can have important implications for the distribution of assets in an estate. It can result in beneficiaries receiving unexpected assets or increase the size of their share of the estate. It is important for individuals to carefully draft their wills and estate plans to avoid ambiguity and ensure that their assets are distributed according to their wishes.
Conclusion
A property that has accreted land means that its high-water mark has receded permanently, resulting in a permanent expansion of its land area. Rivers, streams, and seas deposit soil on properties increasing the size of the property.
