JURITEXT000006956282 Généré par l'IA

Seller Not Liable for Registered Servitude

Numéro de cause JURITEXT000006956282

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-04-17

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

An individual, having contracted to purchase property subject to a servitude, subsequently brought an action seeking indemnity from the seller based on the seller's failure to disclose the existence of the servitude, arguing this constituted a hidden defect under the sale agreement; however, the court affirmed the rejection of this claim because the servitude, being registered in the public land records, was a visible and known encumbrance against which the buyer could not claim ignorance or warranty from the seller, as the buyer is presumed to have checked the public registers concerning the property being acquired.

Regeste Legislator

Généré par l'IA

Seller Not Liable for Registered Servitude: An individual, having contracted to purchase property subject to a servitude, subsequently brought an action seeking indemnity from the seller based on the seller's failure to disclose the existence of the servitude, arguing this constituted a hidden defect under the sale agreement; however, the court affirmed the rejection of this claim because the servitude, being registered in the public land records, was a visible and known encumbrance against which the buyer could not claim ignorance or warranty from the seller, as the buyer is presumed to have checked the public registers concerning the property being acquired.