I live in a cul de sac of 5 houses served by a communal drive, from which can be accessed the front drives of all 5 houses. All the houses have space for at least 3 cars parked side by side and 2 of them have space for 4. There is a restrictive covenant on parking on the drive - occasional visitors is OK, permanent parking of vehicles is not. This is sensible as the drive is quite narrow and vehicles parked there can cause problems, especially for delivery vehicles etc.
4 of the households own 2 vehicles each. However, the household opposite - one of the 4 space houses - currently own 4 vehicles, mum, dad and two older daughters who still live at home and the drive is full the they're all at home. Fair enough. Now their older son is learning to drive and we have been told he's desperate to get his own car the he's passed his test. I have asked them about proposed parking arrangements and they have said that their places will be first come, first served and the last car in will have to park on the drive. The rest of the neighbours are pretty unhappy with this, as we all observe the covenant and stick to parking our vehicles on our own property.
So, can we enforce the covenant and if so , how do we go about it. (By "we" I mean the other 4 households). I should add that we have always been on good terms with the neighbour concerned and have no wish to fall out about this, but when we're all in the place is like a car park already.
Either you each own a part of the drive in from of your properties and others have a right of way over it, or one person (either one of the owners of the developer) owns it and everyone else has a ROW. I would have expected rights and obligations in respect of the drive to be dealt with in the ROW wording (a ROW allows someone usually merely to pass over land and not to park - but can only be enforced either by the owner of the land OR by others with a ROW (but only if the others can prove substantial interference with their ROW).
A covenant can only be enforced by the person who has the benefit of the covenant - the title registers for the houses will show who that is. You need to contact that person or company if talking to the neighbours who are in breach of it doesn't get you anywhere.