You would think so but you have to convince the local judge.
Here, on county roads, at least, and as others have mentioned, you can't put any structures, items, etc, in the ROW. People will occasionally put large rocks, logs, mailboxes, etc. in the ROW right up to the pavement. The County makes them remove it as soon as they're notified. If they don't the County removed it and bills them.
So you're saying your road is completely private and has no County/Township/Other government involvement at all?
If it's all private, sounds like your only recourse is to live with it or sue.
In my younger days, I'd probably resort to other means (there's medication to reduce those tendencies
), but that just escalates the situation. Because if it's taken into your own hands, who knows what will happen? I recall several instances of adults with black eyes on our block when I was a kid. And lawsuits. And petty tit-for-tats with fencing and landscaping.
Does your state have Barrett Laws?
When I was a kid, there were 17 houses on the street. 9 of them wanted the street paved, curbs, drainage, and sewers put in. 8 of them did not. The 9 got the city to pass a barrett law where the city took over maintenance of the road, installed sewers and drainage, paved the road, then charge every property owner an amount to pay for the improvements in front of their property, and set up a payment plan. My father had the longest road frontage and had to pay the most. It about bankrupted him at the time. That whole issue put an US vs THEM into the neighborhood, and created two factions. The tensions were never resolved amongst the adults and you could see it when they'd just look at each other.
So, you have to live with the guy. Proceed with caution.
