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After a severe flash flood, a river instantaneously carved a new channel, cutting off a three-acre parcel from Farmer Green's property and attaching it to Farmer White's side. Under the doctrine of avulsion, who owns the severed three acres?

Correct Answer

C) Farmer Green, because avulsion does not change title to the severed land

Under the doctrine of avulsion, when a sudden natural event shifts a body of water and severs land from one owner's parcel, the original owner retains title to the severed land. Unlike accretion, avulsion does not change boundary lines.

Answer Options
A
Both farmers equally, because the flood was an act of nature
B
Farmer White, because the land is now physically connected to White's parcel
C
Farmer Green, because avulsion does not change title to the severed land
D
The state, because avulsion transfers ownership to the government

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Related Topics & Key Terms

Key Terms:

avulsionwater_rightsriparianfloodproperty_ownership

Related Concepts

A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.

A life estate is a freehold estate that grants ownership rights for the duration of someone's life.

Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.

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