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Question
Zara, owner of Lot 50, signs a written "Waiver of Right to Challenge Title" attached to the deed of sale to Otto, stating: "I renounce any future claim to reconvey Lot 50’s title based on latent defects known to me as of today." The waiver is notarized and recorded in the Registry of Deeds. Otto later sells Lot 50 to Nova. Several years later, Kara, a neighboring claimant, asserts a latent easement over Lot 50 that she claims Zara 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 Zara and Otto, or also binding upon Nova and Kara (third parties)? (c) Apply the doctrine to the facts: is Zara’s waiver effective against Kara? What are the implications for Otto, Nova, and Kara given land-title interests and public policy considerations?