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In common-law legal systems, laches (/ ˈ l æ tʃ ɪ z / LAT-chiz, / ˈ l eɪ-/; Law French: remissness, dilatoriness, from Old French: laschesse) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity.
The doctrine of laches is based on the maxim that equity aids the vigilant, not those who sleep on their rights. Vigilantibus non dormientibus aequitas subvenit. But also note, aequitas ignorantiae opitulatur, oscitantiae non item (equity assists ignorance, but not carelessness).
In Lindsay Petroleum Company v Hurd, [6] it is said: “The doctrine of laches in Courts of Equity is not an arbitrary or a technical doctrine. Where it would be practically unjust to give a remedy, either because the party has, by his conduct done that which might fairly be regarded as equivalent to a waiver of it, or where, by his conduct and ...
With respect to the ejectment cause of action, Hall would have held that: "[W]here a plaintiff seeks ejectment damages, rather than restoration of a possession interest, application of the doctrine of laches to such a money damage claim is rarely if ever justified." [27] Hall also would not have applied laches to the trespass cause of action. [28]
Restrictive covenant Tulk v Moxhay is a landmark English land law case which decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity .
laches: Anglo-Norman lachesse "slackness, laxness" Under English common law, the unnecessary delaying bringing an action against a party for failure to perform is known as the doctrine of laches. The doctrine holds that a court may refuse to hear a case not brought before it after a lengthy period since the right of action arose. [11] larceny
Shelley v. Kraemer, 334 U.S. 1 (1948), is a landmark [1] United States Supreme Court case that held that racially restrictive housing covenants cannot legally be enforced.. The case arose after an African-American family purchased a house in St. Louis that was subject to a restrictive covenant preventing "people of the Negro or Mongolian Race" from occupying the property.
Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. One common context in which acquiescence is raised is when there is a dispute or disagreement over the location of a property line, followed by an extended period of time during which the parties respect a property line.