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Source National Internal Revenue Code (NIRC) TITLE III / Estate and Donor's Taxes Showing the closest available flashcard practice.
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0 tracked cards Civil Law and Land Titles and Deeds
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Question

Bea, owner of Lot N, signs a written "Waiver of Right to Question or Reconvey Title" attached to the deed of sale to Bruno, stating: "I renounce any future claim to question or reconvey Lot N’s title based on encumbrances known to me as of today." The waiver is notarized but NOT recorded in the Registry of Deeds. Bruno later transfers Lot N to Carla. Years later, a neighboring claimant, Darius, asserts a private easement across Lot N that Bea 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 Bea and Bruno, or also binding upon Carla and Darius (third parties)? (c) Apply the doctrine to the facts: is the waiver effective against Darius? What are the implications for Bruno and Carla given land-title and public policy considerations?

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