Purchaser's Failure to Discover Apparent Servitude Bars Eviction Warranty Claim

An individual, having purchased a piece of property with an attached right of servitude that restricted building on a neighboring plot, sued the seller for breach of warranty against eviction after a subsequent owner of the neighboring plot began construction, arguing the seller knew of and failed to disclose the existence of the servitude. The court affirmed the lower court's decision to reject the claim, reasoning that the servitude, being a visible and apparent charge attached to the land, was readily discoverable by the purchaser through a reasonable inspection of the property's title records and physical state, thus negating the seller's obligation to warrant against it as an undiscovered encumbrance.