Seller Liability for Breach of Warranty Against Encumbrances in Land Sale

A contract for the sale of land, where the seller had made a declaration that the property was free from any easement burdening the surface, was challenged by the buyer following the discovery of a pre-existing right of way benefiting an adjacent property. The court quashed the lower court's decision, reasoning that the seller's express declaration constituted a warranty against encumbrances, and since the easement constituted a charge on the property, the seller was liable to the buyer for breach of that warranty, regardless of whether the seller was aware of the easement at the time of sale.