Defense To Laches
Description
How to fill out Answer By Defendant In A Civil Lawsuit Alleging The Affirmative Defense Of The Cause Of Action Being Barred By Laches?
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FAQ
"To constitute laches there must not only be a delay in the assertion of a claim but also some change of condition must have occurred which would make it inequitable to enforce it." Waldrip v. Olympia Oyster Co., 40 Wn.
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 ...
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 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.