The Disappearance and Reconstitution of Property — Loss, Accession, and Demarcation

Abstract

This paper analyses the substantive legal consequences — within the scope of Property Law — of sudden and instantaneous natural events (floods, earthquakes, cyclones, landslides, etc.) that result in the total or partial loss of immovable property. The main concerns of this article are therefore the following: to accurately determine when an immovable thing is lost or ceases to exist; to identify the consequences of such a phenomenon for the real rights attached to the affected properties; and to indicate which judicial action individuals should pursue in order to obtain a (re)definition of the material boundaries of their properties.