DERELICTION

Definition of DERELICTION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DERELICTION

The gaining of land from the water, in consequence of the sea shrinking back below the usual water mark; the opposite of alluvion (q. v.) Dyer, 326b; 2 Bl.Comm. 262; 1 Steph.Comm. 419; Linthicum v. Coan, 64 Md. 439, 2 A. 826, 54 Am.Rep. 775; Also, land left dry by running water retiring imperceptibly from one of its shores and encroaching on the other. Slattery v. Arkansas Natural Gas Co., 138 La. 793, 70 So. 806. See Reliction, Accretion.

In the Civil Law

The voluntary abandonment of goods by the owner, without the hope or the purpose of returning to the possession. Jones v. Nunn, 12 Ga. 473; Livermore v. White, 74 Me. 456, 43 Am.Rep. 600.

"Dereliction" or "renunciation" of property at sea as well as on land requires both the intention to abandon and external action. The No. 105, C.C.A.Fla., 97 F.2d 425, 426.

Derivativa potestas non potest esse major primitiva. Noy, Max.; Wing.Max. 66. The derivative power cannot be greater than the primitive. The power which is derived cannot be greater than that from which it is derived. Finch.Law, b. 1, c. 3, p. 11

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