What constitutes laches in the context of adverse possession claims?

California, United States of America


The following excerpt is from Marriage v. Keener, 26 Cal.App.4th 186, 31 Cal.Rptr.2d 511 (Cal. App. 1994):

"Laches is an implied waiver resulting from knowing acquiescence in existing conditions and an inexcusable delay in asserting a right which results in prejudice to the adverse party. [Citation.] In other words, laches addresses delay in the pursuit of a right when a party must assert that right in order to benefit from it. [p] ... Fee simple title vests in the adverse possessor by operation of law at the moment the requisite conditions for adverse possession have been established for the statutory period. [Citation.] The adverse possessor is not required to take any further steps to acquire title once those conditions have been met. The statute of limitations runs against the title holder, not the adverse claimant. [Citation.] [p] The [adverse possessors] asserted their claim by maintaining adverse possession of the disputed area for the entire statutory period. There was no significant delay because the [adverse possessors] were under no obligation to take further action once they had acquired title by operation of law." (Williams v. Rogier, supra, 611 N.E.2d at p. 196.)

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