Short answer. Generally, no. Article 1560 says neither rescission nor indemnity can be exercised if the non-apparent burden is recorded in the Registry of Property, unless the seller expressly warranted the property was free of all burdens and encumbrances. Registration is treated as notice you are presumed to have had.
What the law says
If the immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity.
Civil Code, Article 1560 — Non-Apparent Burdens on Realty. Read the full provision →
What the law says
Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property, unless there is an express warranty that the thing is free from all burdens and encumbrances.
Civil Code, Article 1560 — Non-Apparent Burdens on Realty. Read the full provision →
The general rule: rescission or indemnity for an undisclosed burden
Article 1560 starts by giving a buyer real protection against a hidden burden the seller never mentioned. It provides that where the property is "encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity." The buyer generally gets a choice between undoing the sale or seeking compensation.
Registration in the Registry of Property changes the outcome
That protection does not survive if the burden was already a matter of public record. The article states plainly that "neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property." Since the burden on your lot is already recorded there, the law treats you as having had access to that information even though the burden was not apparent from simply looking at the property or reading the sale agreement, which forecloses both the rescission and indemnity remedies this article otherwise provides.
The one way around the registration bar
The article carves out a single exception to this loss of remedy: it applies "unless there is an express warranty that the thing is free from all burdens and encumbrances." If your seller expressly warranted, as part of the sale, that the property was free of all burdens and encumbrances, that warranty can revive your right to rescission or indemnity even though the burden was recorded. Without such an express warranty, registration alone is generally enough to bar the remedy.
Why registration matters so much here
The Registry of Property exists precisely so that anyone dealing with real property can discover burdens, liens, and encumbrances affecting it before completing a transaction. Because that record was publicly available to you before or at the time of the sale, the law treats the burden as something you could have discovered through reasonable diligence, which is why a recorded burden is treated so differently from one that was neither disclosed nor discoverable through any public record at all.