Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
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.
