Seller and Subsequent Purchaser Liability for Undisclosed Servitude

A party who had contracted to sell a property with an associated right of access for the buyer, later sold the same property to a third party without mentioning the existing right of access, leading the original buyer to sue both the initial seller and the final purchaser for damages, claiming that the initial seller had breached the obligation to guarantee peaceful enjoyment and that the final purchaser, having knowledge of the right of access, was complicit in the breach. The court ruled that the original seller was liable for breaching the warranty against encumbrances because the right of access constituted an undisclosed servitude that diminished the use of the property, and further determined that the subsequent purchaser, who was aware of the right, could also be held liable for complicity in the breach of warranty, thereby warranting the cassation of the lower court's decision which had only held the initial seller liable.