Short answer. Yes, you can still claim damages. Under Article 1560 of the Civil Code, once the one-year rescission period from the deed's execution has lapsed, a buyer who discovers a hidden burden or servitude may still bring a damages action within one year from the date of discovery.
What the law says
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 →
The two windows the law provides
Article 1560 gives a buyer two overlapping but distinct remedies when a hidden, non-apparent burden or servitude on the property was not disclosed in the sale. Within one year from the execution of the deed, the buyer may either ask for rescission of the contract or sue for damages. If that first year passes without action, the right to rescind is gone — but the law does not leave the buyer with nothing. A second one-year window opens, counted from the date the buyer actually discovered the burden or servitude, during which a damages claim may still be pursued.
When the discovery clock starts
The second period runs from the date of discovery, not from the date of the deed. This is significant if the hidden servitude was not apparent for a long time after the sale. A drainage easement buried under overgrowth, an access right that a third party only began to exercise months later, or a restriction that only became relevant when the buyer tried to build — discovery in each case starts its own one-year clock. What counts as the date of discovery is a factual question, and documenting when and how you learned of the burden matters if the issue goes to court.
When the exception does not apply
Article 1560 also contains an important limitation. Neither the rescission right nor the damages right exists if the non-apparent burden or servitude was already recorded in the Registry of Property at the time of the sale — unless the seller gave an express warranty that the property was free from all burdens and encumbrances. If such a warranty was given in writing, it overrides the registry entry and revives your remedies even for recorded encumbrances.
Practical steps now
If you believe you are still within the one-year discovery period, the priority is to establish exactly when discovery occurred and to move quickly before that window closes. A title search of the registry will confirm whether the servitude was recorded before the sale, which determines whether the statutory remedies or a warranty-based claim is the right avenue. Consulting a lawyer as soon as possible allows you to identify which period applies to your situation and to preserve your claim before any further deadline lapses.