Vendor's Attempt to Enforce View Restriction Against Right of Way Holder Fails

A property owner, having sold a plot of land with a pre-existing right of way benefiting an adjacent property, subsequently sought to enforce a restrictive covenant against the buyer, claiming the construction of a building on the acquired land obstructed the view from the retained property. The court held that the right of way, established through an authentic act prior to the sale, constituted a real servitude on the sold land, and the vendor, having legally transferred the property burdened by this servitude, could not subsequently invoke a general principle regarding the maintenance of views, which was not explicitly stipulated as a condition of the sale, to oppose construction that did not directly impede the established right of way, thus affirming the right of the new owner to build.