Illinois Real Estate Practice Exam

Fernando failed to file an injunction seeking to enforce a deed restriction against his neighbor. Fernando may have lost his opportunity based on:

1. The Doctrine of Laches

2. Statute of Limitations

3. Doctrine of Unclean Hands

4. Mutual Mistake

The correct answer is: The Doctrine of Laches

The Doctrine of Laches is a legal principle that can bar equitable relief if a party has delayed in asserting a claim, and this delay has prejudiced the opposing party. In the case of Fernando not filing an injunction to enforce a deed restriction against his neighbor, this doctrine applies because his failure to act in a timely manner may be seen as unwillingness to enforce his rights. If Fernando waited too long to seek the injunction, the neighbor might have changed circumstances or taken actions that would unfairly disadvantage them if the injunction were suddenly pursued. Thus, the delay could result in a loss of opportunity for Fernando to assert his rights effectively. This doctrine emphasizes the importance of acting promptly and shows that equitable remedies, like injunctions, require timely requests. Failing to file within a reasonable timeframe can lead a court to dismiss a claim, believing that allowing the claim might be unjust due to the delays. Therefore, it becomes key for property owners to be vigilant and proactive when it comes to enforcing their rights in real estate matters.