Buyer Seeks Annulment of Property Sale Due to Undisclosed Land Servitude

An individual, having contracted to purchase a property, discovered after the final deed of sale was signed that a significant portion of the land described in the preliminary agreement was missing due to a pre-existing servitude of passage established by a prior notary act, a servitude not mentioned in the final deed, leading the buyer to seek annulment of the sale and damages. The court rejected the appeal, reasoning that the final deed explicitly stated the property was sold in its current state and that the buyer, having had the opportunity to inspect the land and the public records, could not subsequently claim error or fraud regarding the existence of the known servitude, especially since the servitude, being a real right, was not required to be mentioned in the final deed to be enforceable against the purchaser.