282. Where soil is gradually deposited on the shore of a body of water, the land so formed belongs to the riparian owner on whose property the deposit is formed. This is called accretion.

We have already seen that anything which becomes permanently attached to land becomes a part of the realty, such as buildings and lixtures put upon the land. This rule is extended to cases of what is called title by accretion. By this is meant that material washed up by the sea on the lands of adjoining owners and soil deposited by rivers, which becomes attached to the banks, becomes the property of the owner of the land on wrhich it is deposited.524 This process is called alluvion, and must be a gradual process, as distinct from a sudden change.525 When alluvion takes place, and soil of one owner

522 Doe v. Roe, 26 Ga. 5S2.

523 inhabitants of School Dist. No. 4 v. Benson, 31 Me. 381; Schall v. Railroad Co., 33 Pa. St. 191. A subsequent parol agreement will not divest the disseisor's title. Brown v. Cockerell, 33 Ala. 38. Nor does a re-entry by the disseisee after the bar is complete revest the title in him. Faloon v. Sim-shauser, 130 111. 649, 22 N. E. 835.

524 Mulry v. Norton, 100 N. Y. 424, 3 N. E. 581; Camden & A. Land Co. v. Lippincott, 45 N. J. Law, 405. The fact that accretions are caused by obstructions placed in the river by third persons does not change the rule. Tatum v. City of St. Louis, 125 Mo. 647, 28 S. W. 1002. Bigelow v. Hoover, 85 Iowa, 161, 52 N. W. 124. Seaweed cast upon the beach belongs to the owner of the soil. Emans v. Turnbull, 2 Johns. (N. Y.) 314.

525 Cook v. Mcclure, 58 N. Y. 437; County of St. Clair v. Lovingston, 23 Wall. Os; Trustees of Hopkins' Academy v. Dickinson, 9 Cush. (Mass.) 551.

§ 282) is gradually worn away, and is deposited upon the land of another, the title is held to pass to the latter, because the soil so deposited cannot be identified by its former owner.526 When, however, a sudden change transfers a considerable portion of soil from one owner and deposits it upon the land of another, title does not pass to the latter if the soil so transferred is removed within a reasonable time, and while it can be identified.527 When islands are formed in nonnavigable rivers, if the land on each side is owned by different persons, the island, if wholly on one side of the channel, belongs to the owner on whose land it forms.528 We have seen 529 that the boundary line of each riparian proprietor extends to the middle of the stream. If the island is formed in the middle of the channel, it belongs one-half to each.530 Islands formed in navigable rivers or in the sea are the property of the state or of the United States, according to the ownership of the fee in the land under the water.531 A person who owns a narrow strip along the bank or shore of a body of water becomes entitled to all deposits by alluvion.532 The owner of land which is being washed away may protect his property by any means which will stop the action of the water, though he must not divert the current so as to

526 Lovingston v. St. Clair Co., 64 111. 56; Miller v. Hepburn, 8 Bush. (Ky.) 326; Gifford v. Yarborough, 5 Bing. 163; Foster v. Wright, 4 C. P. Div. 43S.

527 Woodbury v. Short, 17 Vt. 387, 3S9. When a parcel of land is suddenly left bare by the sea or a navigable river, it belongs to the state. Halsey v. Mccormick, I8 N. Y. 147; Attorney General v. Chambers, 4 De Gex & J. 55. See, also, Hodges v.. Williams, 95 N. C. 331. And so land gradually covered by the sea belongs to the state. Emans v. Turnbull, 2 Johns. (N. Y.) 313, 322; In re Hull & S. Ry., 5 Mees. & W. 327.

528 Ingraham v. Wilkinson, 4 Pick. (Mass.) 268; Minton v. Steele, 125 Mo. 181, 28 S. W. 746; Mccullough v. Wall, 4 Rich. Law (S. C.) 68. When an island formed in midchannel is subsequently connected with the mainland by the water having receded, the title to the island is not changed. City of Victoria v. Schott (Tex. Civ. App.) 29 S. W. 681.

529 Ante, p. 422.

530 inhabitants of Deerfield v. Arms, 17 Pick. (Mass.) 41. Trustees of Hopkins' Academy v. Dickinson, 9 Cush. (Mass.) 544; Johnston v. Jones, 1 Black, 209, 222.

531 3 Washb. Real Prop. (5th Ed.) 61; Cox v. Arnold, 129 Mo. 337, 31 S. W. 592; Cooley v. Golden, 117 Mo. 33, 23 S. W. 100; Heckman v. Swett, 99 Cal. 303, 33 Pac. 1099. And see ante, p. 5.

532 Banks v. Ogden, 2 Wall. 57, 69; Saulet v. Shepherd, 4 Wall. Sos; Bristol v. Carroll Co., 95 111. 84.

472 title. (Ch. 16 direct it against the land of another person, to the hitter's injury.533 When land is formed by the receding of a lake or pond, it belongs to the adjoining owners.534 Property which has been acquired by accretion is transferred by a deed which conveys the land on which the deposit has been made.535 A sudden change in the channel of a river does not change the boundary line of the riparian owners.536