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When dividing accreted land, which principle usually applies?

  1. The dividing lines should be extensions of the upland lateral boundaries

  2. The dividing lines should be normal to the shoreline

  3. The accreted land's proportioning should be based on the frontage length

  4. None of the above

The correct answer is: The accreted land's proportioning should be based on the frontage length

The principle that applies when dividing accreted land is that the accretion should be proportioned based on the length of the frontage. This is rooted in the legal doctrine of accretion, which holds that when land is added to a property through natural processes such as water sediment deposition, the owner of the land adjacent to the water has rights to the newly formed land. In practice, when multiple property owners have land adjacent to a body of water, and accretion occurs, the dividing lines of the newly formed land should reflect the existing boundaries in proportion to the lengths of their respective water frontages. This means that if one property has a longer direct access to the shore, it would generally be entitled to a larger share of the accreted land. This principle ensures that the rights and ownership are maintained in a fair and equitable manner, respecting the natural lines of property and the historical access that each owner had prior to the land gain.