Gary owns a 200-acre farm in central Iowa through which a small non-navigable stream flows. Over the past decade, gradual and imperceptible deposits of soil from the streamflow have added approximately two acres of new land along Gary's bank. Gary's neighbor Dale owns land on the opposite bank and claims the new land should be split equally between them. Under Iowa property law, who owns the newly formed land, and by what legal process was it created?
Correct Answer
D) Gary owns the new land through the process of accretion, which adds gradually deposited alluvial soil to the adjacent riparian owner's title
Under Iowa property law, when land is gradually and imperceptibly added to a riparian owner's property through the natural deposit of soil by a watercourse, the process is called accretion, and the newly formed land (called alluvion) becomes the property of the adjacent riparian owner — in this case, Gary. The key elements are that the addition was gradual and imperceptible over time, which distinguishes accretion from avulsion. Because the stream is non-navigable, Gary already owns to the thread of the stream, and the accretion adds to his side. Dale has no claim to land that accreted on Gary's bank.
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