This section is from the book "The Law Of Real Property and Other Interests In Land", by Herbert Thorn Dike Tiffany. Also available from Amazon: A Treatise on the Modern Law of Real Property and Other Interests in Land .
An island, when formed in a stream or body of water by the deposit of alluvial matter therein, belongs to the owner of the land beneath the water, on which the island is formed, whether such owner be the state or an individual. So, if the island is on both sides of a line dividing the lands of different owners, the island belongs to both owners.64 This is evidently not so much by force of a doctrine of accretion as by reason of the fact that the island is within the limits of the ownership of the particular proprietor. A new formation on his land belongs to him just as much as the old formation.
If an island which first forms opposite the land of one riparian proprietor gradually extends by .secretion opposite the land of another proprietor, the island belongs, not exclusively to the former, but in part to the former and in part to the latter.65
An island which is formed, not by the deposit or increase of alluvial matter, but by a change in the course of a river, operating to cut off from the mainland a portion of land previously constituting a part of the
63b. Post. Sec. 544.
63c. See Hammond v. Shepard. 186 111. 235. 78 Am. St. Rep. 274 57 N. E. 876
63d. St. Louis v. Rutz, 138 U. S. 226, 34 L. Ed. 941: Glassell v. Hansen. 135 Cal. 547. 67 Pac 964; Middleton v. Pritchard. 4 111. 510. 3S Am. Dec. 112; East Omaha Land Co. v. Hansen. 117 Iowa. 96. 90 N. W. 705: Wilson v. Watson. 144 Ky. 352. Ann. Cas. 1913A 774. 138 S. W. 283; Cox v. Arnold. 129 Mo. 337. 50 Am St Rep. 450, 31 S. W. 592: Mulry v. Norton. 100 N Y. 424, 426.
53 Am. Rep. 206. 212. 3 X. E. 581; Mccullough v. Wall. 4 Rich.
(S. C.) 6S. 53 Am. Dec. 715 Menominee River Lumber Co. v. Seidl, 149 Wis. 316. 130 N W. 854.
64. Trustees of Hopkins Academy v. Dickinson. 9 Cush (Mass.)
Wiggenhorn v. Kountz,23 Neb. 690. 8 Am. St. Rep. 150, 37 N. W. 603: State v. Muncie Palp Co.. 119 Tenn. 47, 104 S. W
Mainland, continues in the same ownership as before.66 provided at least the change in the course of the stream can be regarded as sudden.67
437 3 Kent's Comm. 428
65. Archer v. Southern Ry. Co., 114 Miss. 403. 75 So. 251.
66. Trustees of Hopkins Academy v. Dickinson, 9 Cush. (Mass.) 544; De Lassus v. Faher-ty, 164 Mo. 361, 58 L. R. A. 193,
64 S. W. 183; Grady v. Royar, (Mo) 181 S. W. 428; Bonewitz v. Wygant, 75 Ind. 41. 67 See ante, Sec. 537.