Some sticks in your neighbor's bundle, like the right to use her property in a beneficial fashion, for example, may also affect your property. Just as a property owner possesses rights to use his property, he also holds rights to prevent others from using their land in a manner that harms him or his property. For example, if one neighbor plays her radio very loudly, especially during times that others sleep, that may constitute a private nuisance. For example, a cement factory, which discharges large amounts of smoke and dust, may amount to a public nuisance. The first step in deciding whether a landowner is injuring his neighbor is a complaint by the neighbor.
Property rights depend in large part on whether persons are being good neighbors.
The preferred way to resolve property rights disputes is to talk to your neighbor before you engage in an activity that may be offensive. If neighbors cannot agree, the offended neighbor may file a nuisance lawsuit. Then, a court will decide the issue. On the one hand, the court must consider the extent of the harm, the character of the harm, the type of use being interfered with, and whether the use interfered with is appropriate to the area. Courts balance these factors and consider other factors to resolve an issue.