Buyer's Knowledge of Servitude Waives Seller's Warranty Against Encumbrances

A seller of a tract of land, unaware of a pre-existing servitude burdening the property, was sued by the buyer for breach of warranty against encumbrances after the servitude was discovered. The Court of Cassation rejected the appeal, reasoning that while a seller is generally responsible for latent defects and encumbrances, the buyer's knowledge or awareness of the servitude at the time of sale constitutes a waiver of the warranty, and in this case, the appellate court correctly found that the buyer, having been informed of the existence of the servitude prior to the sale, could not subsequently claim damages based on that same encumbrance.