Final answer:
Fernando may have lost his opportunity based on the legal concept of laches, indicating that he delayed filing an injunction and potentially caused prejudice to his neighbor. The statute of limitations or changes in the neighborhood relevance and public policy could also affect his ability to enforce the deed restriction.
Step-by-step explanation:
Fernando may have lost his opportunity to enforce the deed restriction against his neighbor based on the legal concept of laches. Laches is an equitable defense that argues that a party has neglected to assert a right or claim in a timely manner, resulting in prejudice against the opposing party.
Since Fernando failed to file an injunction in time, this principle suggests that it would be unfair to allow him to enforce the deed restriction after a significant delay, especially if the neighbor has since changed their position or circumstances with the belief that the restriction would not be enforced.
It is also possible that the statute of limitations has expired, which legally bars the enforcement of the right after a certain time period has passed. Additionally, if the neighborhood has changed and the deed restriction is no longer relevant or if it goes against public policy, the court may not enforce it.