However, "[n]either law nor equity nor science has been able to develop any mechanical gauge that will automatically tell litigants or the court the number of months or years that are required to constitute reasonable promptness in bringing a suit to avoid the defense of laches." Valhouli v. Coulouras, 101 N.H. 320, 322, 142 A.2d 711, 712-13 (1958). [17, 18] Mere lapse of time alone is not enough to establish laches.
In support of this argument, Amy cites Fundamentalist Church of Jesus Christ of LatterโDay Saints v. Horne , 2012 UT 66, 289 P.3d 502, which approvingly quoted a New Hampshire Supreme Court decision that stated, "Delay for an unreasonable length of time in bringing the suit after knowledge of the breach may be the basis for the equitable defense of laches." Id. ยถ 32 (emphasis added) (quoting Valhouli v. Coulouras , 101 N.H. 320, 142 A.2d 711, 713 (1958) ). However, the quoted language relied on by Amy is only a portion of the entire quote, which our Supreme Court cited in support of its holding that one of its prior cases should be read to mean that " โharm to the plaintiffโ is a factor that works with lachesโnot within itโto evaluate whether an injunction for restrictive covenant violations or the like is proper."
In these disputes, โharm to the plaintiffโ is a factor that works with lachesโnot within itโto evaluate whether an injunction for restrictive covenant violations or the like is proper. ยถ 32 Valhouli v. Coulouras, 101 N.H. 320, 142 A.2d 711 (1958), involved one such dispute and sheds light on this court's approach in Papanikolas. In that case, the defendant built two dwellings on his land where a covenant allowed only one, and the plaintiff complained, requesting a mandatory injunction ordering the defendant to remove the second dwelling.
However, "the enforcement of a restrictive covenant by injunctive relief may be denied because of the conduct of the parties." Valhouli v. Coulouras, 101 N.H. 320, 322, 142 A.2d 711, 713 (1958). The doctrine of laches is a defense to the enforcement of restrictive covenants.
The issue of laches is "a question of fact for the trier of fact." North Bay Council, Inc. v. Grinnell, 123 N.H. 321, 325, 461 A.2d 114, 116 (1983) (citing Valhouli v. Coulouras, 101 N.H. 320, 323, 142 A.2d 711, 713 (1958)). The question of whether or not laches bars a particular claim is determined not only by the length of time involved, but also by the inequity of permitting a cause of action because of a change in the conditions of the property or the parties involved.
In determining whether to apply laches, "`[n]either law nor equity nor science has been able to develop any mechanical gauge that will automatically tell litigants or the court the number of months or years that are required to constitute reasonable promptness in bringing a suit to avoid the defense of laches.'" Jenot v. White Mt. Acceptance Corp., supra at 710, 474 A.2d at 1387 (quoting Valhouli v. Coulouras, 101 N.H. 320, 322, 142 A.2d 711, 712-13 (1958)). "The party asserting laches bears the burden of proving both that the delay was unreasonable and that prejudice resulted from the delay."
[6-8] Whether a party is guilty of laches is a question of fact for the trier of fact. See Valhouli v. Coulouras, 101 N.H. 320, 323, 142 A.2d 711, 713 (1958). We will not disturb the master's finding unless it is unsupported by the evidence or erroneous as a matter of law.
1975); D. Dobbs, Remedies 2.3, at 30 (1973); G. Osborne, Mortgages 10,314, at 657 (2d ed. 1970), and as such is subject to the equitable defense of laches. See Valhouli v. Coulouras, 101 N.H. 320, 142 A.2d 711 (1958); Stefani v. Merrimack River Sav. Bank, 90 N.H. 10, 12-13, 3 A.2d 645, 647 (1939). In the instant case, defendant's delay in foreclosing on the mortgage constitutes laches barring any rights under the mortgage.
However, I would remand this case for consideration of the question whether laches or disproportionate harm as to benefit or a combination of the two should result in a denial of an injunction. Valhouli v. Coulouras, 101 N.H. 320, 142 A.2d 711 (1958); Johnson v. Shaw, 101 N.H. 182, 137 A.2d 399 (1957); New England Tel. Tel. Co. v. Mitchell, 114 N.H. 478, 322 A.2d 613 (1974); Restatement of Property ยง 563, Comment c (1944).
"The issue as to laches is primarily one of fact." Hould v. Company, 83 N.H. 474, 476, 144 A. 261, 263 (1929); Valhouli v. Coulouras, 101 N.H. 320, 142 A.2d 711 (1958). It is apparent that the trial court accepted the plaintiffs' explanation for the hiatus in 1967 and 1968 and of the generally persistent efforts of the plaintiffs to force completion of the transaction.