Restrictive covenants - it's a parking one ....

[MrsExpo]

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.

[shouldwestayorshouldwego]

Is there any chance they could increase the size of their drive?

[Chopchopbusybusy]

How far away is alternative parking? Does anyone have a spare parking space they could let them use/rent?

[MrsExpo]

Hi ... thanks for the replies. No chance they can increase their drive as it’s currently the full width of the property and only long enough front to back to park one car IYSWIM.

Nearest alternative parking is along the road about 50 yards away. The road the the top and of the drive is a busy main route so would need to park down a nearby side road.

[Collaborate]

What do you mean restrictive covenant?

Can you post the precise wording?

Who owns the drive?

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).

[wowfudge]

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.

[MrsJoshDun]

Well I'd be Tempted to get together with the other houses and all stop using your private drives and use the communal one. See how they like it.

[GrockleBocs]

If the fifth car was to park perpendicular to the other cars directly behind them, blocking some in, would that resolve the access problem and be a compromise?

[Angelf1sh]

If each house has space for 3 or 4 cars and every other house except this one has only 2 cars, it does seem like one of you could make a bit of money by renting them the spare space.