Buyer's Claim for Annulment Due to Discoverable Encroachment Rejected

A buyer of property, having discovered upon taking possession that the adjacent property was encroached upon by a wall belonging to the seller's property, which constituted a latent defect that the seller was deemed to have known about, sought the annulment of the sale and damages. The court rejected the appeal, reasoning that the discovered encroachment, which involved a pre-existing boundary structure visible or reasonably detectable upon a superficial examination of the premises, did not constitute a hidden defect within the meaning of the civil code articles concerning warranty against eviction or defects, as the buyer had the means to easily ascertain the true boundaries and condition of the property prior to finalizing the sale.