Bare Ownership Sale Rescission Denied Due to Failure to Check Public Records

A property owner, having sold a right of superficies on their land to a third party for the construction of buildings, subsequently sold the bare ownership of the same land to another buyer, who, after the third party initiated construction, sued the property owner for rescission of the original sale, alleging fraud due to non-disclosure of the existing superficies right. The court rejected the claim, reasoning that the buyer of the bare ownership, by contracting with knowledge of the existing encumbrance, which was publicly registerable, could not claim that the seller's failure to mention the superficies right constituted fraudulent misrepresentation, as the buyer had the means to discover the right through public records.