Purchaser v. Seller Regarding Undisclosed Easement and Warranty Against Eviction

A purchaser of property, having been evicted following the discovery of a prior undisclosed easement, sued the seller for breach of warranty against eviction, but the lower court dismissed the claim, ruling that the easement, though unmentioned, was apparent from the property's condition and thus the purchaser was deemed to have accepted the property with the known burden. The highest court quashed this decision, reasoning that a conventional warranty against undisclosed burdens is not nullified by the apparent nature of a non-apparent easement that was not made known to the buyer, as the seller's obligation is to guarantee the peaceful possession of the property against all burdens, whether visible or not, unless the buyer explicitly agreed to take the property subject to the known defect.