Laches is a type of estoppel. It describes a situation in which one individual employs a deliberate and unreasonable delay in bringing forth legal action so as to disadvantage an adversary. Failure of a party to assert his or her rights within a reasonable timeframe will likely result in an unfavorable outcome for the plaintiff.
For example, say Mary moves in next door to Pam and they immediately dislike each other. Pam has lived in the same neighborhood for over 20 years and is aware of all property lines. Mary is not. Knowing where property lines begin and end, Pam allows Mary to develop her land over property lines and into Pam’s property. Pam purposely waits for Mary to finish development before informing Mary that she has violated the property lines and must now take down the house. Because Pam deliberately waited for Mary to spend money and develop the property, knowing that she was in violation of property lines, she is guilty of laches.
Proving Laches
Laches is the legal term that describes the concept that a party can lose their legal rights if they do not assert them within a reasonable timeframe. A party that does not use their rights loses them because many of the claims of the plaintiff will have changed due to witnesses not being available, things expiring, wrongful payments having already been made, and others. It is said that a party that does not assert their rights within a reasonable timeframe has “slept on their rights.”
When a party sleeps on their rights, they have not been diligent and therefore might lose their right to equity, ownership, and others. The party that claims laches against another party uses it as an equity defense. To assert a laches defense claim, the defense must prove that the delay of the defendant was unreasonable. If proven, the claim would be barred by laches.
