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Source Probation Law Section 20. Assistant Probation Administrator Showing the closest available flashcard practice.
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0 tracked cards Civil Law and Land Titles and Deeds
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Tammy, owner of Lot 21, signs a 'Waiver of Right to Challenge Title' attached to the deed of sale to Teo, stating: “I renounce any future claim to question or reconvey Lot 21’s title based on latent defects known to me as of today.” The waiver is notarized and recorded in the Registry of Deeds. Teo later transfers Lot 21 to Vina. Years later, Omar, a neighboring landowner, asserts a latent easement over Lot 21, based on a right of way that Tammy 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 Tammy and Teo, or also binding upon Vina and Omar (third parties)? (c) Apply the doctrine to the facts: is Tammy’s waiver effective against Omar? What are the implications for Teo, Vina, and Omar given land-title and public policy considerations?

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