misuse of right of way

[ashenash]

What is the name of your state? North Carolina

Our neighbor has a deeded right of way (a driveway) across our property which reads "together with theright to the use of a 10 foot right of wayfor residential purposes only (but not to be used with respect to the development of a Trailer court or Camping area), as now located, extending along the eastern line of the remaining property of Grantor, to the public road Hiway #xxx

This deed is dated 1968 and the right of way has never been used,in fact big trees have grown up there. It has been a constant nuisance with motorcylcles, horses and foot traffic. Now the neighbor is starting to use this to get his 4-wheeler from his campground to the adjacent triler park to do tree work. When I challenged this he threatened to bring his backhoe thru (which would require destroying many of my old trees) and also threatened to beat me up.

Questions
1. Can I blockade this driveway until it is decided in court, or better yet get a court order to stop use ?
2. The phrase "as now located " seems to me to indicate the use is restricted only to residences in exsistence in 1968. Am I correct ? CAn this right of way be revoked for residences built after 1968 ?
3. How can my trees be protected against this blatant threat of misuse ?

We have been to a lawyer , who said "wait and see" I prefer to take action. I would value any expertise or opinion offered here.

Thanks
Bert
What is the name of your state?