Algeron45 wrote: ↑
Thu May 21, 2020 5:32 pm
Normally their is a covenant to stop you changing the boundaries or how you share a driveway access. Open areas must stay as they are and shared driveways. Moves with the property and wont be able to sell and will loose value. If the first neighbour doesn't get you the next one will.
Will be binding so you have all ready lost. A judge wont set a precedent and allow every neighbour on your road to breach a binding agreement. Trespass and criminal damage to consider. Obstruction and who know what they will try to get you on.
Most likely will prevent the neighbour exiting or parking their cars easily and have an impact which means more likely larger damages and an injunction which means prison if you don't comply. Will have to pay their costs and your own so likely to be mortgage money.
We can all obtain cheap legal cover with our house insurance and litigation cost are becoming more available so may not cost your neighbour a penny for their day in court.
If you are in the wrong no chance of insurance for yourself as they will only insure a court claim if your have more than a 60% chance of success and once the court process starts and your don't acknowledge or put up a good defence they have got you cornered. You will have to continue to the end and take the outcome.
You cant ignore a court summons as means you automatically guilty and will have to spend thousands to prepare your defence and how are you going to pay for it without insurance. If you loose they could come after your property. The sums involve are massive so don't start a dispute unless you have a high chance of winning.
The risk and uncertainly of believing you can do what you like will hunt you down and be with you for years to come. Don't do it is my advise and move if you wish for a better property.
You may find your neighbour cuts your fence and then its up to you to get him in court and then their claim is more binding as you signed a covenant and it wont matter that they messed with your fence.
Get yourself a camera as the police love video evidence or they will say its a civil matter and wont get involved.