Short answer. You must file for rescission within one year from the execution of the deed. After that first year, rescission is no longer available but you may still sue for damages within one year from the date you discovered the hidden right-of-way. Acting quickly preserves both options.
What the law says
Within one year, to be computed from the execution of the deed, the vendee may bring the action for rescission, or sue for damages. One year having elapsed, he may only bring an action for damages within an equal period, to be counted from the date on which he discovered the burden or servitude.
Civil Code, Article 1560 — Non-Apparent Burdens on Realty. Read the full provision →
Two windows, two different remedies
Article 1560 creates a two-stage framework. Within one year from the deed, you can choose between rescission — unwinding the sale and getting your money back — or an action for damages. After that first year, rescission is gone permanently, but you still have one more year from the date you discovered the burden to sue for damages only. The practical point: the sooner you act, the more options you keep open.
When these remedies are not available at all
The law withdraws both remedies in one important situation: if the non-apparent burden is already recorded in the Registry of Property, you cannot rescind or claim damages on the ground that you did not know about it. Registration is treated as constructive notice — you are expected to check the title before you buy. The sole exception is if the seller gave you an express warranty that the property was free of all burdens and encumbrances. If that warranty exists, registration does not cut off your remedy.
The condition: would you have bought the lot anyway?
Not every undisclosed burden gives rise to a remedy. Article 1560 requires that the right-of-way be of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof. A barely-used path across a corner of a large property is a different story from a right-of-way that divides the lot or blocks the main entrance. The harder the burden is on your intended use of the property, the more clearly the condition is met.
Rescission or damages — which should you choose?
If you are still within the first year, you have a genuine choice. Rescission restores the status quo: you return the property and recover the purchase price. Damages, on the other hand, compensate you for the diminished value of what you received. If the right-of-way significantly impairs the lot's value or your plans for it, rescission may be the stronger remedy. If you have already made improvements or otherwise become committed to the property, damages may be the practical path. A lawyer can help you weigh both before the first-year window closes.