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Question
Hilda, owner of Lot Y, signs a 'Waiver of Right to Challenge Title' attached to the deed of sale to Diego, stating: 'I renounce any future claim to question or reconvey Lot Y’s title based on latent defects known to me as of the date hereof.' The waiver is notarized but NOT recorded. Diego later transfers Lot Y to Irene. Years later, Luz, a neighboring claimant, asserts a latent easement over Lot Y, claiming that Hilda knew about it 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 Hilda and Diego, or also binding upon Irene and Luz (third parties)? (c) Apply the doctrine to the facts: is the waiver effective against Luz? What are the implications for Diego and Irene given land-title and public policy considerations?