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For example: If Melanie had waited only five years and the defendant then called for the Laches defense because too much time has passed and he will be unable to get witnesses and evidence to defend himself, the judge must decide whether or not the case will go forward.
For example, if a homeowner watches while the neighbor builds a house over their property line, and only then brings a suit to have the house removed, the encroaching neighbor may raise the defense of laches.
The four basic elements of laches are, (1) conduct by an offending party giving rise to the situation complained of, (2) delay by the complainant asserting his or her claim for relief despite the opportunity to do so, (3) lack of knowledge or notice on the part of the offending party that the complainant would assert ...
The defense of laches requires the defendant to show more than a mere passage of time. The West Virginia Supreme Court of Appeals in Carter v. Price3 held that the lapse of time does not bar the claim. The lapse of time must be accompanied by circum- stances that place the opposite party at a disadvantage.