Seller's Failure to Disclose Right of Way Justifies Sale Rescission

A party who agreed to sell land with an existing right of way benefiting a neighboring property, without disclosing the encumbrance to the buyer, was sued for rescission of the sale based on fraudulent concealment, as the buyer alleged they would not have proceeded with the purchase had they known of the servitude, which constituted a charge on the property. The court rejected the appeal against the lower court's decision to uphold the rescission, reasoning that the seller's omission of a known, non-apparent servitude, which significantly diminished the property's value and utility for the buyer, constituted fraudulent dol (deceit) sufficient to justify the nullification of the sale under the relevant civil code provisions concerning vice of consent.