Alluvion does not take place in respect of lakes and ponds, the owner of which always retains the land that the water covers when it is at the level of the discharge of the pond, even if the volume of water comes to diminish. Reciprocally, the owner of the pond acquires no right to the riparian land that its water comes to cover in extraordinary floods.
If a watercourse, whether state-owned or not, removes by a sudden force a considerable and recognisable part of a riparian field, and carries it to a lower field or to the opposite bank, the owner of the part removed may claim his property; but he is bound to make his claim within one year: after that time, he will no longer be eligible, unless the owner of the field to…
Islands, islets and landings that form in the bed of state-owned watercourses belong to the public entity that owns the domain concerned, in the absence of a title or prescription to the contrary.
Islands and landings that form in non-domain watercourses belong to the riparian owners on the side where the island has formed: if the island is not formed on one side only, it belongs to the riparian owners on both sides, starting from the line that is assumed to be drawn in the middle of the watercourse.
If a watercourse, in forming a new branch, cuts across and embraces the field of a riparian owner, and makes an island of it, that owner retains ownership of his field, even though the island has formed in a state-owned watercourse.
If a state-owned watercourse forms a new course by abandoning its old bed, the riparian owners may acquire ownership of this old bed, each in his or her own right, up to a line assumed to be drawn through the middle of the watercourse. The price of the old bed is fixed by experts appointed by the president of the court in the location of the place, at the request…
Pigeons, rabbits, fish, which pass into another dovecote, rabbit warren or body of water referred to in articles L. 431-6 and L. 431-7 of the Environment Code belong to their owner, provided they have not been lured there by fraud or artifice.
The right of accession, when it has as its object two movable things belonging to two different masters, is entirely subordinate to the principles of natural equity. The following rules will serve as an example for the judge to determine, in cases not provided for, according to the particular circumstances.
Where two things belonging to different masters, which have been united so as to form a whole, are nevertheless separable, so that one can subsist without the other, the whole belongs to the master of the thing which forms the principal part, on the charge of paying to the other the value, estimated at the date of payment, of the thing which has been united.
A main part is deemed to be that to which the other has been joined only for the use, ornament or complement of the first.
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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