Coming to the Nuisance

Pronunciation: KUM-ing to the NOO-sunts

Torts › Nuisance

Definition

Defendant argues plaintiff moved to area where nuisance already existed, so should not recover. Not absolute defense but relevant factor in balancing. Most courts reject as complete defense - defendant cannot condemn surrounding land to perpetual nuisance. May affect damages or equitable relief. Zoning changes and area character development relevant.

Related terms

• Private Nuisance — Substantial and unreasonable interference with another's use and enjoyment of land. Requires showing interference is intentional and unreasonable,…
• Public Nuisance — Unreasonable interference with right common to general public. Affects community at large, not just individual property owners. Examples:…
• Trespass to Land — Intentional physical invasion of another's real property without permission. Requires only intent to enter the land, not intent…

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