Laches

Definition of "Laches"

Written by

Erik Smith

Coldwell Banker Residential Brokerage - Orange Post Rd

A relatively unknown term, laches or the” doctrine of laches,” means failure to assert one’s rights or a claim in a given matter in time. Failing to take action on a timely basis misleads an adverse party. In other words, the meaning of laches is an unreasonable postponement in asserting a claim, resulting in its rejection. 

For example, a bordering property owner builds a roadway across the neighbor’s parcel to access a waterway. Since the neighbor never asserted their property rights in time, the doctrine of laches prevented the road from being withdrawn or the neighbor ever receiving a fair compensation at a later moment.

The doctrine of laches in a civil lawsuit

A legal dispute may occur between two opposing parties over various interests. An individual can file a lawsuit against someone whom they believe wronged them. The plaintiff has every reason to believe that they have the right to specific compensation from the accused. For instance, they claim their request for a share in a property. Still, the plaintiff unreasonably failed to declare their right to a claim before a specific deadline.

Subsequently, the defendant can appeal to the doctrine of laches or the laches defense to sustain their argument. They will defend themselves, saying that the claimant has been late in upholding their rights. Due to this delay, the claimant is not entitled to any claims. If they still do, the court will likely rule for the defendant based on the doctrine of laches or the statute of limitations. 

The statute of limitations sets deadlines for asserting claims.

Note that every US state has adopted distinct statutes of limitations. The rule of limitations determines the most extended time parties have at disposal to file legal proceedings or a lawsuit, starting from the alleged misdeed or wrongdoing date. For example, a claimant has one year to bring a personal injury claim, while copyright claims have a three-year limit.

Exceptions to the laches applicability

The doctrine of laches doesn’t always mean that the defendant will win the case. The United States Supreme Court states that laches isn’t a defense for copyright or patent infringement claims. In short, there are no restrictions for bringing forth such claims. 

Laches in real estate

Defendants can apply the doctrine of laches as a legal defense in the most widespread cases in real estate litigation. Let’s stress that initially, the claimant may have every right to pursue a lawsuit. Still, the court will find the defendant not guilty once the claimant has submitted the claim unreasonably late!

See you in court! Real estate disputes gone rogue.

One universal ground for lawsuits is the breach of contract between buyers and sellers. After the parties finalize the transaction, one of them may not honor the closing date, financial aspects, title clearance, or which assets belong to the property.

Another dispute may arise from the seller failing to reveal a property defect. 

A buyer can pursue legal action against a housing agent on the grounds of breach of duty or negligence as they fail to act on behalf of their clients’ best interests.

The contract will precisely state that parties should perform a specific activity. Suppose one fails to perform; then the other can turn to the court.

However, boundary disagreements lead to one of the most frequent and heated litigations in the US. Any default in registering the precise property lines may end up in front of the court.

Local real estate agents advise you not to be late for too long if you wish to bring a claim against your neighbor, seller, buyer, landlord, or tenant. Don’t sit on your rights waiting!