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Article
Recent Case Law on "Coming to the Nuisance"
Real Estate Law Journal (2023)
  • Michael Lewyn
Abstract
It is well settled that landowners who come to the nuisance (that is, sue another landowner for nuisance even if they moved to the land after the alleged nuisance began) can sometimes recover for nuisance. But is "coming to the nuisance" merely one factor among many in a nuisance case, or is it completely irrelevant? This article concludes that courts adopt the former view in theory, but in recent years have not actually used "coming to the nuisance" to reject a nuisance claim. In other words, the "coming to the nuisance" defense is like a locked-up weapon: courts say they have the right to use it, but almost never actually do so.
Keywords
  • nuisance,
  • coming to the nuisance
Publication Date
Summer 2023
Citation Information
Michael Lewyn. "Recent Case Law on "Coming to the Nuisance"" Real Estate Law Journal Vol. 52 (2023) p. 37 - 48
Available at: http://works.bepress.com/lewyn/254/