Purchaser's Claim for Annulment Due to Undisclosed Registered Servitude Fails
Synthèse Legislator
Généré par l'IAA purchaser of an immovable property, having signed a preliminary sales agreement and subsequently discovered a servitude burdening the property that was not declared by the seller, sought annulment of the sale, arguing the undisclosed servitude constituted a defect rendering the property unfit for its intended use. The court rejected the appeal, reasoning that the existence of a registered servitude, which is public and easily verifiable through a title search, does not constitute a hidden defect under the relevant civil code provisions, as the buyer had the means to discover this encumbrance prior to finalizing the purchase.
Regeste Legislator
Généré par l'IAPurchaser's Claim for Annulment Due to Undisclosed Registered Servitude Fails: The court rejected the appeal, reasoning that the existence of a registered servitude, which is public and easily verifiable through a title search, does not constitute a hidden defect under the relevant civil code provisions, as the buyer had the means to discover this encumbrance prior to finalizing the purchase.