Sale Annulment Denied for Apparent Property Servitude

A claimant, having entered into a contract for the sale of property, sought the annulment of the sale after discovering that the property was burdened with a pre-existing undisclosed servitude that diminished its value, arguing that the seller fraudulently concealed this defect. The court rejected the appeal, holding that the servitude, being a visible and apparent charge on the property, should have been discovered by the buyer through reasonable inspection, and thus the seller did not commit a fraudulent concealment that would justify the annulment of the sale under the warranty against undisclosed defects, as such defects must be hidden and unknown to the buyer.