Coming to the nuisance refers to a legal doctrine which prevents a party from claiming nuisance if said nuisance was present, and the party knew of that nuisance before they acquired the property subject to the nuisance.
Historically, coming to the nuisance functioned as a complete bar to a nuisance action. In jurisdictions which have adopted the 2nd restatement of Torts §840D, however, coming to the nuisance does not inherently bar an action for nuisance. In these jurisdictions, a court has discretion in determining whether/to what degree a plaintiff can recover based on the actions and relative fault of both parties.
Coming to the nuisance is similar to the doctrine of assumption of the risk.
[Last updated in August of 2022 by the Wex Definitions Team]
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