Buyer's Claim Against Undisclosed Property Servitude Fails

The dispute arose from a sale contract involving a property, where the seller allegedly failed to disclose a pre-existing, undisclosed servitude burdening the land, leading the buyer to seek resolution based on latent defects or fraudulent misrepresentation concerning the property's full extent of use. The court rejected the appeal, affirming that the obligation to disclose visible or easily discoverable burdens, such as a recognized servitude, generally falls to the buyer's diligence, and absent proof of active concealment or fraud by the seller regarding a non-apparent defect, the buyer could not successfully claim warranty against eviction or hidden defects for the servitude.