What is the "coming to the nuisance" defense?

The "coming to the nuisance" defense is a legal principle used in nuisance cases where a defendant argues that the plaintiff, who is complaining about a nuisance, moved into the area knowing that the nuisance already existed. This defense suggests that individuals should be aware of the conditions in a neighborhood before deciding to establish residence there, especially if those conditions might lead to complaints. By asserting this defense, the defendant implies that the plaintiff has no grounds for complaint since they voluntarily chose to live in proximity to the alleged nuisance—be it a factory, a loud bar, or other potentially disruptive establishments.

This principle acknowledges the character of the neighborhood prior to the plaintiff's arrival, suggesting that the plaintiff has accepted the risk of the nuisance by choosing to move there. In this context, the rationale is that it would be unfair for someone to complain about a situation that they knowingly embraced when they decided to settle in the area.

Other options touch on various aspects of nuisance claims, such as the severity of the nuisance, environmental considerations, or zoning laws, which may be relevant to some discussions of nuisance, but they do not directly reflect the specific nature of the "coming to the nuisance" defense.