After a violent storm, a river suddenly changed course overnight and cut a new channel across the edge of Ben's parcel. Under the usual rule for this kind of abrupt change, what is the best conclusion?
Correct Answer
D) The boundary usually remains at the former line because the change was avulsive
A sudden and perceptible change in a watercourse is generally treated as avulsion. When avulsion occurs, the usual rule is that the legal boundary remains at the former line rather than shifting immediately with the new channel.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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