A woman is at war with her council over an alleyway that she claims is part of her land after she gated it off and paved a £4k driveway over it.
Angela Ward, 56, has been ordered to remove a gate beside her home blocking what the council claims is a ‘public highway’, but she insists it is part of her deeds.
The woman, who moved into her home in Clacton-on-Sea in 2021, was horrified when she found that an alleyway running to the side of her house was littered with faeces, fly-tipping, used needles and urine.
Drug dealers were using the narrow space to sell to queues of addicts and youngsters were using it for sex. She claims the path was also being used as a getaway and had bikers racing down it.
The passage, which runs from Dudley Road through to the street behind, also meant her garden was exposed to criminals. She had strangers loitering in her garden and rubbish being thrown over.
Frustrated, she, along with other neighbours who said the issue had plagued the residential area for years, decided to block access and gate-off both sides of the troublesome path.
Ms Ward then went a step further to ward off criminals and removed part of the alleyway, building a drive over it and extending her garden across where the path previously ran.
A shed was then placed to block what remains of the alleyway, which is also closed off.
But now Essex Highways, part of Essex County Council, are ordering the alleyway be opened back up – demanding she tear down the gates or risk having it forcefully removed by authorities.
Angela Ward and neighbour Dianne Sonnex outside the Agincourt Road side of the alleyway. They worry that if the alley is opened back up they will see a rise in crime again
A graphic of where the alleyway previously ran. Ms Ward has since gated off and removed part of the alley by building a drive and shed
Pictured: Ms Ward pointing out part of what used to be the alleyway. It has now been removed and incorporated into her garden, but the council are threatening to open it up again
Essex Highways claim that while they do not ‘own’ it, the alleyway is considered ‘unmaintainable highway’ which should be accessible to the public. The path was previously used as a shortcut by locals.
However, Ms Ward refuses to bow down, insisting that the alleyway is ‘private land’ and is part of her deeds. She also says that crime has reduced significantly since the closure.
A small part of the passage, 20m, toward the other end of the alley at Agincourt Road, is said to be ‘maintainable land’ owned by the council. But Ms Ward maintains that the council does not have a say over the section that runs over her side.
She says councillors at both Tendring District Council and Essex County Council confirmed to her before she had undertaken any work that the alleyway was jointly owned by her and her neighbour and was not the property of the council.
When she contacted the Land Registry, she was informed that the alleyway was on ‘unadopted land’. Residents then applied for ‘adverse possession’ but it was rejected because they were told in order to take ownership, residents would have to have exclusive access by blocking off the area.
However, they decided against re-applying as they would need to claim ‘adverse possession’ for a period of 12 years in order to gain ownership.
The thought of the alleyway being let open again to criminals has caused her to suffer sleepless nights and mental breakdowns.
She is hoping to fight the case and is raising money on GoFundMe for a solicitor.
She says she has spent £4,000 building the drive – partly in order to block access to the alley – and an additional £2,000 gating off the alleyway and replacing the fencing along the alley as it ‘stunk of urine’ and was ‘graffitied and damaged in places.’
Speaking to MailOnline she said: ‘It’s ridiculous. The alleyway puts the residents’ safety at risk.
She says the stress of not knowing when the council might come to rip down the fencing and open it up to crime again has led to her having ‘sleepless nights’
Along with Ms Ward, others in the area have been campaigning against the use of the alleyway for years
An overhead image detailing the section of the alleyway Ms Ward says is part of her property and is in her deeds. Essex Highways says it is considered an ‘unmaintained highway’ and still requires to be kept open to the public
‘I contacted councillors, the planning department, the Land Registry, all of whom confirmed that the land was not owned by the council.
‘I have a right to live in my house without feeling unsafe. But I’m being penalised for it.
‘I’ve suffered breakdowns because of all this and have had to go to the doctor. I can’t sleep at all, I can’t function.
‘Because of the stress is has caused me I have lost out financially because I haven’t been able to work to my full capacity.
‘The lack of sleep, not knowing when they might come and take down the fencing and gate and expose my house and garden and put my safety at risk has been unbearable sometimes.
‘I have developed anxiety and panic attacks. I didn’t realise how distressed I was until I literally just broke down.
‘It’s driven me to put my house on the market.
‘I don’t want to deal with it anymore. If they were to come here and open the alleyway up, I can’t live here.
‘The council should be wanting to make the streets safer.
Highlighted, the 20m stretch of the alleyway which Essex Highways considers to be ‘maintained highway’ and is supposedly owned by the council
A view showing the part of the alleyway on the Agincourt Road end which is still standing. However, the residents have blocked off access with a gate
The disused part of the alleyway which is still in place from the Agincourt Road end
‘Why are our councillors not standing up for us?’
She feels that the council have been negligent and have failed in their duty of care to residents by threatening to open up an alleyway which is a crime hotspot and a danger to locals.
While Ms Ward was not aware of the issues surrounding the alleyway when she purchased the property, she soon came to know it had been an ongoing challenge in the area.
Residents spoke to local news outlet Clacton and Frinton Gazette in 2018 as they campaigned to have the alley shut off.
A neighbour next door to Ms Ward, who is also impacted by the alleyway, echoed the same frustrations on the subject.
She said: ‘We have been considering moving, but we’re tired of running away from bad situations and bad people.
‘The thought of the alley reopening is a real nightmare for us.
‘Even though we have noisy neighbours, litterbugs, and people with mental health issues around us, these are the day to day things in life that we can cope with, that most people deal with.
‘The alleyway reopening may be the straw that breaks our backs.
‘Here we are on a Sunday morning finally enjoying our lives, without the negative impact of people fly tipping, drunken people shouting all times of the day and night, people dumping broken bottles, dog excrement secreted in piles of little plastic bags, and kids throwing rubbish into our garden.
A picture of the alleyway fencing shows graffiti. Residents say the passage was riddled with crime and a danger to those in the area
‘Today we have peace , finally after 8 years this little road has become a haven, a home.
‘Now we are thrown into uncertainty again and this has impacted our health.’
Both the council and Ms Ward, who liaises on behalf of all those opposing the opening of the alleyway, have been stuck in a battle with no common solution reached to-date.
In a letter to the council, Ms Ward stated: ‘Our deeds state that we are entitled to give permission to whom frequents the alleyway, which in effect makes it a permissive path.
‘An evidence pack was sent to Land Registry who advised that we needed to follow Practice Guide 5 – Adverse possession and gate the alley way off. Which is what we have done. I have that pack and the letter advising the same.’
An Essex Highway worker informed Ms Ward that the information previously conveyed to her by councillors about her ownership over the alley was incorrect, and it now had to be taken down.
Essex Highway said in a response to Ms Ward: ‘On review I am concerned that the information conveyed to you previously regarding highways status was not conveyed correctly to you – the alleyway from the Agincourt Mews approach is adopted as publicly maintained highway for the first 20m length; this was adopted as part of the development of Agincourt Mews in September 1986.
‘Whilst the Dudley Road side (Ms Ward’s side) of the alleyway has no formal adoption record, given its established use over the years, we do consider this length as unmaintainable highway and is required therefore to be open and available to the public, as is the case with all highway under Section 130 Highways Act 1980.
A makeshift gate stopping access to the alleyway from the side of the house on the Agincourt Road entrance
The state of the alleyway before it was closed off. There were incidents of flytipping, drug dealing and sexual activities in the alleyway which terorrised residents
‘I am not stating that Essex County Council have any ownership of the alleyway, simply that the 20m section from Agincourt Mews is maintainable highway, with the remaining section of the alleyway considered unmaintainable highway.’
The Land Registry has said that the land is unregistered, but this does not mean it is unowned.
Essex Highway have said that they are committed to ‘exploring solutions that balance public access with the safety of the community’.
A spokesperson for Essex Highways said: ‘We understand the concerns of Ms Ward and her neighbours regarding the alleyway and acknowledge the steps they have taken to address issues of crime and anti-social behaviour.
‘While Essex Highways does not own the land, it is considered a public highway, with highway rights established due to consistent public use over the last 20 years. As the highway authority, we have a statutory duty to ensure the public’s right to access, and address any unauthorised structures blocking that access.
‘We remain committed to working with all parties involved to explore solutions that balance public access with the safety and wellbeing of the community.’
Councillor Mark Stephenson, Leader of Tendring District Council (TDC), said: ‘TDC is aware of concerns raised by residents related both to activities in the alleyway when it was open and to its subsequent blockage.
‘The identification or otherwise of highway rights, and their enforcement if applicable, is a matter for Essex County Council.
‘We understand the difficulty of the position with differing local views and hope that a solution can be found in the interests of all concerned.’
Angela is hoping to raise money for a solicitor. To donate to her GoFundMe click here.
