COMING TO THE NUISANCE

“Coming to the nuisance” is a defense in real estate law to a nuisance claim. A nuisance occurs when one land owner engages in conduct which significantly affects, interferes or otherwise negatively impacts another’s ability to use and enjoy their own property or which may affect health, safety and welfare. A defense to a nuisance claim by the offending party is that it engaged in the offending activity (the nuisance) before the complaining party arrived and became affected by the activity. For example, defendant has owned and operated a well known music studio for many years. In spite of knowing this, the plaintiff purchased the property next door knowing that sound would regularly travel and be heard on the adjoining property.