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Mara, a landowner, sells Lot 23 to Theo and signs a separate instrument labeled “Waiver of Right to Contest Title,” attached to the deed and stating: "I renounce any future claim to reconvey Lot 23’s title based on latent defects known to me as of today." The waiver is notarized but not recorded in the Registry of Deeds. Theo later conveys Lot 23 to Nia. Several years later, a neighboring owner, Ramil, asserts a latent encumbrance over Lot 23 based on a latent easement that Mara 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 Mara’s waiver binding only between Mara and Theo, or also binding upon Nia and Ramil (third parties)? (c) Apply the doctrine to the facts: is Mara’s waiver effective against Ramil? What are the implications for Theo and Nia given land-title and public policy considerations?

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The waiver binds Mara and Theo only to the extent it is expressly stated as a contractual limitation in the transfer deed. The waiver binds Mara, Theo, and all persons who acquire the property through Mara’s chain of title if the waiver is notarized; recording is unnecessary for binding. The waiver binds only Mara and Theo; third parties like Nia and Ramil are not bound unless the waiver is recorded in the Registry of Deeds. The waiver binds Mara and Theo and any transferee who takes title from Theo with actual knowledge of the waiver, regardless of recording.

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