There is a deeded right of way that states the ROW measures 60 feet by 200 feet. The abutting property owner has taken possession of about half of it to construct a driveway, planted trees and a lawn. His home is so close to the legal setback that without this added property he would have no backyard. Is it legal for him to do this?
It depends. Some jurisdictions include easements in their setbacks, and some do not, so you would have to check the local ordinance that establishes the setback to be sure.