Buyer v. Seller: Easement as Latent Defect Justifying Contract Rescission

A buyer who contracted to purchase land with a building, but later discovered a municipal easement restricting construction that was not disclosed prior to the sale, sued the seller for rescission of the contract and damages, arguing the easement constituted a hidden defect affecting the use of the property. The court held that because the easement was a public regulation concerning the building's lawful use and constituted a charge on the property that significantly impaired its utility, it qualified as a latent defect, even if the seller was unaware of it, thus justifying the partial cassation of the lower court's decision that had rejected the buyer's claim.