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Arman D. Alipit Jr.

Property (Quiz no.2)

In the facts given the lot of Girl and lot of Boy adjoins and traverse by a river, due
to occurrence of an earthquake the river changes its flow abandoning the old bed and
creating branches to the lot of Girl and lot of Boy.

Base on the facts Art. 461 may apply as the requisites are all existing (1) The
change of the river is sudden in order that the old river bed may be identified, (2) The
change of the river of the course must be more or less permanent, (3) The change of
the river must be a natural one, (4) There must be abandonment by the government and
did not take steps to return the river to its old bed and (5) The river must continue to
exist.
New river course
Old river course

Abandoned river bed

Before Earthquake After Earthquake


Article 461- River beds which are abandoned through the natural change in the
course of the waters ipso facto belong to the owners whose lands are occupied by the
new course in proportion to the area lost. However, the owners of the lands adjoining
the old bed shall have the right to acquire the same by paying the value thereof, which
value shall not exceed the value of the area occupied by the new bed.

As to the given provision both Girl and Boy ipso facto have the right to acquire
the old bed to compensate them for the loss of the land now occupied by the new river
bed. They are also given the preferential right to acquire the same by paying the agreed
value thereof but not exceeding the value of the area occupied by the new bed. In case
of disagreement of the value the courts shall fix the reasonable indemnity.