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0 tracked cards Civil Law and Land Titles and Deeds
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Ramon, owner of Lot Q, agrees to sell to Sora. Before delivery, Ramon signs a separate instrument labeled “Waiver of Right to Contest Title,” stating: “I renounce any future claim to question or reconvey Lot Q’s title on account of latent defects known to me as of today.” The waiver is notarized and attached to the deed of sale and recorded in the Register of Deeds. Sora later takes title to Lot Q and subsequently sells to Tomas. Several years later, Delfin, a neighboring landowner, asserts a latent easement over Lot Q—based on a right of way that Ramon 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 Ramon and Sora, or also binding upon Tomas and Delfin (a third party)? (c) Apply the doctrine to the facts: is Ramon’s waiver effective against Delfin? What are the implications for Sora, Tomas, and Delfin given land-title interests and public policy considerations?

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