Rescission of Sale Due to Undisclosed Latent Servitude

An individual sold a piece of land to another party, who subsequently discovered that a portion of the property was subject to a pre-existing servitude, which the seller had failed to disclose, leading the buyer to seek the resolution of the sale. The court, ruling on appeal, held that the seller's failure to disclose a known, non-apparent servitude constituted a latent defect, justifying the rescission of the sale under the applicable civil code provisions concerning warranty against eviction and hidden defects, thereby upholding the lower court's decision to annul the transaction.