Legal Definitions - coming to the nuisance

The legal doctrine of coming to the nuisance addresses situations where an individual acquires property knowing that an existing activity on a neighboring property might be considered a nuisance. Essentially, it questions whether a person can complain about a nuisance if they willingly placed themselves in its vicinity, with prior knowledge of the condition.

Historically, if you "came to the nuisance"—meaning you acquired property with full knowledge of an existing condition that you later claimed was a nuisance—courts would often completely bar your ability to sue. The underlying principle was that you accepted the situation by moving there.

However, many modern legal systems, influenced by the Second Restatement of Torts, view coming to the nuisance differently. It is no longer an automatic bar to a lawsuit. Instead, it becomes one important factor a court considers when deciding if, and to what extent, a plaintiff can recover damages. The court will weigh the plaintiff's knowledge and actions against the defendant's conduct and the nature of the alleged nuisance, similar to how courts consider whether someone "assumed the risk" in other injury cases.

• The New Homeowner and the Dairy Farm: Imagine a developer builds new homes on land adjacent to a dairy farm that has been operating for over 50 years. A family buys one of these new homes, fully aware of the farm's presence, including the typical smells associated with livestock and manure, which are particularly noticeable on warm days. If the family later sues the dairy farm, claiming the odors constitute a nuisance, the farm could argue coming to the nuisance. The court would then consider the family's prior knowledge of the farm's operations and smells when deciding if they can recover damages.
• The Urban Loft and the Nightclub: A young professional purchases a loft apartment in a vibrant downtown district, directly above a popular music venue that has hosted live bands nightly for two decades. During their property viewing, they heard music and were informed about the venue's operating hours. After moving in, they find the late-night noise disruptive and file a nuisance claim against the nightclub. The nightclub would likely invoke the doctrine of coming to the nuisance, highlighting that the noise was an established condition known to the professional before they bought the property.
• The Lakeside Cabin and the Marina: A couple buys a serene lakeside cabin next to a long-established public marina. They were aware that the marina hosts numerous boats, including jet skis, and that there is regular boat traffic, engine noise, and occasional loud conversations from boaters, especially during peak summer weekends. If the couple later sues the marina, alleging the noise and activity are a nuisance disturbing their peace, the marina could argue coming to the nuisance, pointing out that these conditions were inherent to the marina's operation and evident when the couple purchased their property.