Buyer's Claim Against Seller for Failure to Deliver Unencumbered Title Rejected Due to Apparent Rights of Way

A party, having contracted to purchase property subject to existing rights of way, subsequently sought to compel the seller to transfer unencumbered title, arguing that the existence of these rights constituted a defect in the expected object of the sale. The Court of Cassation rejected this appeal, reasoning that the rights of way were apparent and known to the buyer at the time of the agreement, and thus the seller fulfilled their obligation by delivering the property as described, since the buyer could not claim a hidden defect or non-conformity for an encumbrance that was visible or reasonably discoverable before the finalization of the sale contract.