householders legal cover insurance

[tyke1]

After several years our neighbours began claiming part of our drive,parking too far over & refusing to move, blocking us in. After unpleasantness, vandalism, etc we removed a fence on the other side so we could get out, hoping they would one day widen their drive. Some hope! They have now built a wall along the far side of their drive and, as they don't want to scratch the car door, now park even further over forcing us further onto the public footpath when backing out. As this is a new situation we tried to claim on our legal exps cover . They have refused as we did not claim when the problem first arose (it was actually a gradual process so whenever we claimed they could have said that).
1. Is this a material change and can we claim?
2. We now know our deeds say we must maintain the fence until 2050 (for public safety? It borders a public footpath).
a. If we don't replace the fence because we can't use our drive and there is an accident I assume we are at fault? Would we still be at fault if the injury was caused by our neighbours on our drive but facilitated by the absent fence? Will our precious h/h legal cover offer help then?
b. If we do replace the fence and fisticuffs,or worse, ensues will our policy come to our aid then?
c. A previous owner of their property (before any of us moved here) built an additional drive, to ease their entrance/exit they removed the first panel of the (now our) fence. This was probably done about 30 years ago. Are we still required,as per our deeds to maintain that part of the fence? If we replaced the rest of the fence but not that panel, who would be responsible in the event of injury on that part of the drive?

[wishy123]

Sorry to say this but your legal expenses insurer holds all the cards. They have to be convinced there are good prospects of success before they help you and this kind of neighbour dispute is something they avoid like the plague because nobody ever really wins. Your question is not really about insurance, it's legal and you might want to post it in the law section but it would be very difficult for anyone to advise you without seeing all the documents and understanding the layout of the properties. Sorry but I thnk you need a proper solicitor'sa advice.