Flashcard Practice

Multiple Choice Flashcards

Write, submit, and receive AI feedback with score breakdowns.

Question Type

Question

Ana owns Lot P and signs a written "Waiver of Right to Contest Title" attached to the deed of sale to Ben, stating: "I renounce any future claim to reconvey Lot P’s title based on latent defects known to me as of today." The waiver is notarized and attached to the deed but is not recorded in the Registry of Deeds. Ben later sells Lot P to Carla. Several years later, Danilo, a neighboring landowner, asserts a latent encumbrance over Lot P based on a right of way that Ana allegedly knew about but did not disclose. (a) Identify the controlling doctrine on waivers of rights under the Civil Code, Art. 6, and explain its core elements. (b) Is the waiver binding only between Ana and Ben, or also binding upon Carla and Danilo (third parties)? (c) Apply the doctrine to the facts: is Ana’s waiver effective against Danilo? What are the implications for Ben and Carla given land-title and public policy considerations?

Choose the Best Answer