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Mariel, owner of Lot J, signs a 'Waiver of Right to Contest Title' attached to the deed of sale to Mira, stating: 'I renounce any future claim to question or reconvey Lot J’s title based on latent defects known to me as of today.' The waiver is notarized and attached to the deed but is not recorded in the Registry of Deeds. Mira later sells Lot J to Kai. Several years later, Lourdes, a neighboring landowner, asserts a latent easement over Lot J based on a right of way that Mariel 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 Mariel and Mira, or also binding upon Kai and Lourdes (third parties)? (c) Apply the doctrine to the facts: is Mariel’s waiver effective against Lourdes? What are the implications for Mira and Kai given land-title and public policy considerations?

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A waiver can extinguish any encumbrance claim against the land regardless of recording, as it is a contract between the owner and buyer. The waiver binds only between the grantor and grantee; third-party rights are unaffected unless the waiver is recorded. The waiver binds third parties who have actual knowledge of the waiver at the time of their purchase. A private waiver can be invoked to defeat any third-party claim even if not recorded in the Registry of Deeds.

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