Since an accretion becomes part of the upland to which it attaches, the law presumes that the conveyance of uplands includes accretions. A presumption, of course, can be overcome. The presumption that accretions are included in a conveyance of uplands is subject to an important qualification. The presumption is rebutted when there is a severance of the accretion ground from the original land. Once severance occurs, transactions involving the original land do not affect the accretions.
Severance is determined by the grantor s intent.
Severance occurs, for example, when a grantor conveys accretion ground separate from the upland parcel. Where the record title to property shows a prior judgment separating the uplands from the accretions, the presumption is successfully rebutted. We conclude that Ralph s action in seeking and obtaining separate title to the accretion property evinces a clear intent to sever it from Lots 2A and 3A and the other contiguous lots that Ralph held alone. The federal district court order quieting title in favor of Ralph supports this interpretation. In its order, the district court recognized the discrete character of the accretion ground by using a separate legal description.