“Coming to the Nuisance” is a legal concept that refers to a situation where a person knowingly moves into an area where a nuisance already exists and then seeks legal action against the party responsible for the nuisance. The concept is based on the principle that individuals should not be allowed to benefit from a nuisance they willingly exposed themselves to. Courts often dismiss such claims, as it is considered unfair to hold the party responsible for the nuisance liable for damages or to force them to cease their activities.
Coming to the nuisance refers to a legal doctrine that states that if a person moves to a property or location where a nuisance already exists, they cannot later complain about the nuisance.
If the nuisance was already present before you moved in, you may not have a valid claim under the “coming to the nuisance” doctrine. However, if the nuisance was created after you moved in, you may have grounds for a lawsuit.
Common examples include noise pollution, odors, excessive dust, and other disturbances that may interfere with the peaceful enjoyment of one’s property.
Yes, if the plaintiff moved to the location knowing about the existing nuisance, you may be able to use the “coming to the nuisance” defence to argue that they cannot complain about it.
Yes, there are exceptions. For example, if the nuisance becomes significantly worse after the plaintiff moved in, they may still have a valid claim.
In some cases, yes. If the landlord knew or should have known about the tenant’s activities causing the nuisance and failed to take action, they may be held liable.
Typically, no. Since the doctrine assumes that the plaintiff knew about the nuisance before moving in, they may not be entitled to an injunction to stop it.
Generally, no. Landlords cannot retaliate against tenants for exercising their legal rights, including complaining about a nuisance.
It can be challenging to prove a subjective nuisance claim. However, if the nuisance is objectively unreasonable and interferes with the reasonable use and enjoyment of the property, a claim may still be successful.
Typically, no. Since the doctrine assumes that the plaintiff knew about the nuisance before moving in, they may not be entitled to compensation for damages caused by the nuisance.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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