Access track query

[PenCreed]

We live in an end terrace house which has an access track to the side and back of the garden. The track is very overgrown at the back - the side section is clear as it also leads to some garages, but the section along the back is so overgrown there are massive trees in it and we have to trim back the bramble to stop it coming over our 6ft fence. It has clearly not been used for any kind of access for a very long time.

New neighbour wants to clear and use part of the access track as an extension of his garden. Surely he can't do this? I'm not entirely sure who owns access tracks - our houses are 1930s and the side section of the track also serves the houses round the corner on a different street. If he extends his garden, he's blocking the access of one of his neighbours (albeit in theory only, as it's not currently accessible due to trees/bramble). Does anyone have any suggestions?

You should be able to access the deeds to the shared area online, it's about £3 I think. That will show you the owner and any shared access clauses.

Is it just access for you, your neighbour and his neighbour? If so, and it's not been used in many years, would it be preferable to look into dividing up the area and each of you including the section behind your individual gardens? It would need a solicitor to do the legal work, if this was a possible option of course.

It's access for 4 houses - we're 1, new neighbour is 3 and he'd be blocking number 4. Neighbour 2 isn't overly impressed with him! Our deeds suggest that we own the track behind our house (not the side bit) but that it is subject to a right of way.

I'm more "can you do that?" about it all, rather than actually going to do anything, but it did make me wonder how ownership of these tracks works!

We had this at our old house. He can clear it and fence it in but needs to allow access through for house no 4. Depending on how wide the access track is then that could be pedestrian or vehicle access.

Usually deeds specify who has right if access and that it must be kept clear, even if technically each property's land. If it is enclosed they must still permit access through. Which property are you and how is the neighbour in relation?

Thanks @Geneticsbunny - that is the conclusion I was coming to so it's useful to have it confirmed by someone who's been there. I do think it's quite cheeky though! Especially as he's left some of the cuttings in a massive heap immediately over the back of house 2's fence.