Rescission Denial for Undisclosed Easement Without Proof of Unfitness

A party, having contracted to purchase land, subsequently brought an action seeking rescission of the sale after discovering that the seller had failed to disclose a pre-existing right of way across the property, arguing this constituted fraudulent concealment that prevented them from achieving the planned use of the land. The court rejected the appeal, reasoning that the existence of a servitude, even if undisclosed, does not automatically constitute fraud justifying rescission unless the buyer can prove that the servitude rendered the property entirely unfit for its intended purpose, as an existing legal encumbrance, even if unknown, generally does not equate to the deliberate deception necessary to void a contract under those specific statutory provisions regarding undisclosed defects.