Buyer's Attempt to Rescind Land Purchase Over Undisclosed Servitude Denied

A plaintiff, having contracted to purchase land, sought judicial authorization to withdraw from the agreement due to the discovery of an undisclosed servitude burdening the property, which significantly diminished its value and utility for the intended purpose, and subsequently sued for the return of the deposit paid. The court rejected the appeal, finding that the discovery of a pre-existing, registered servitude, even if not explicitly disclosed in the contract, does not, by itself, constitute a breach of the seller's warranty against undisclosed encumbrances unless that servitude renders the property entirely unfit for the agreed-upon use or significantly alters the fundamental object of the sale, which was not established in this case.