Access dispute with next door neighbour

[Anna713]

We currently rent out my late mother in laws house. It's an end house on a row of terraced houses. The house has a passageway down the side with doors at either end which belong solely to mils house. It's crystal clear on the deeds. Mil always let the ndn have access to this passageway to get her bins out as a neighbourly courtesy. This carried on for over 20 years with no problems. There is now a new ndn of less than 12 months who is causing problems. She is complaining to the tenants that the passageway smells, it's blocked, they don't take care of the garden etc. The tenants are actually very nice and have tried to be accommodating. The garden is a bit untidy but nothing major and I can't smell anything in the passageway. The ndn was very rude to my husband the other day and I've had enough of her. Is there anything to stop me from telling her not to use the passageway if she's not happy? I can't see anything on the house deeds but of course I don't know what her solicitor discovered when she bought the house. We intend selling the house shortly anyway. I don't want to go to the expense of getting a solicitor but I quite happy for her to involve a solicitor if she wants to and I'll abide with whatever the solicitor discovers if it comes to it.

Have you downloaded the deeds yet?

Not yet. My sil owns half the house and I want to check with her. She's aware of the situation and she's happy to confront the neighbour but I want to make absolutely sure of the legal situation first.

My late mil would have nothing in writing. We've been through all her paperwork earlier and she didn't use text or messages.

Not if the house has recently been sold. The owner may have given the previous NDN permisdion to use the passageway but that isn't a right which can be claimed by the next NDN.

I've just downloaded the deeds on to chatgpt as I couldn't understand them and unfortunately it would seem there is an easement and ndn does have the right to enter the passageway to move her bins. Disappointing in light of her rudeness but at least we know where we stand

You sound like you have been very kind and accommodating and NDN sounds like a piece of work. If you are going through someone else's property and don't like the smell either find alternative access or get a scrubbing brush out and clean it yourself.

She was very rude to my elderly, unwell husband. He's not usually oversensitive but she upset him, especially as he has been helpful and accommodating to her in the past. I was fuming on his behalf!

Deleted my comment, as it is no longer relevant after the OP's update clarifying that there is an easement.

Not RTFT but terraced houses often have an easement. This is a defined path on the deeds and can only be used by the NDN for access.
Only the path on the deeds can be used.

Could you put up a fence to create a path at the bottom of the garden so that the neighbour can access the side path without going through the garden?

Probably not advisable as it would be moving the easement in the deeds.
My NDN tried to get me to agree to this but they had lost the access rights and I didn't want them re-instated because they're lying CFs it puts people off buying a house.

First post nails it.

I thought I merely had an easement but actually I half own the passageway should it need repairs. My NDN has made it almost impossible for me to use it.

If she has issues I would suggest that she could clean it!

I'm just going to ignore her and I've told my tenant to do the same. The tenant is doing nothing wrong.