Sorry...I got off track when I noticed "right of way".
An attorney (or the courts) may view this situation differently...If one has legal right to be on someone elses property, via an easement or other means... (right of way is generally not the language used in this type of easement for ingress/egress) then the act of that person exercising his right may not be "that" restricted...
I believe the issue is ... does that person have the right to be on the property? As said before, a review of the document/contract that allows for the easement may clarify the matter. If the easement terminology is rather vague...the intrepretation of the parties to that agreement could be as well. Any contract or easement that fails to clearly state the obligations of the parties can be challenged...(litigated).
Which party has the most money? (Landowner or easement holder). Either party may view the cost of litigation as too expensive and too time consuming...and decide to allow the other party the right to have his way...as to "what" the contract implies, or provides for.
Jul 26, 2010