A nuisance may arise in a number of contexts including loud noises or nasty annoying odors emanating from your neighbor’s property; that is something annoying to one’s senses and that thereby interferes with your enjoyment in the use of your property. Of course the best way of dealing with such a situation is by a neighbor meet up to greet and work something out. If that doesn’t yield results your recourse is by seeking an injunction along with possible damages.
An encroachment onto your neighbor’s property may also constitute a nuisance. The fact that there is a root from the neighbor’s tree growing under your property does not, however, necessarily constitute a nuisance that is subject to a remedy i.e. injunction for a removal. However such a root causing damage to your concrete driveway would be considered a nuisance and be subject to an injunction for removal along with damages to pay for restoration to the driveway. Branches from the neighbor’s tree, even not constituting a nuisance in the strict sense can be cut at the point it juts onto your property, that is by self help.
Your neighbor may be claiming an easement over your property, usually a right of way and such an easement may arise by means other than a formal grant such as by prescription or implication. The former to be effective must relate to the use by the neighbor over your property for a consecutive period of 5 years. The latter is based upon the fact that the two properties were once held in the name of the neighbor or his or her predecessor in interest and the easement claimed, such as a right of way, was used this way when the properties were under the same ownership.
A neighbor may claim ownership of the property which you hold record title in. This by way of adverse possession; click on title issues for the basis of that type of claim to title.
Damage claims are subject to a statute of limitations so if there is a nuisance at present its best to seek counsel without delay.