What do you do when you have issues with a privately owned laneway owned by someone who died a century ago? Colloquially referred to as “orphaned laneways,” these spaces can create significant challenges for both public and private interests. Read on for more information.
An orphaned laneway is commonly created due to subdivision. Over a hundred or so years ago when it was common for individuals to own large plots of land in the City. The owners would subdivide them into smaller pieces to sell off, but would keep a piece of land to live on. In order to maintain access to their property, a laneway would be kept to allow their horses and wagons access from main roads.
While the other properties would transfer ownership over the years, their laneways would often be kept in the individual's name. Perhaps due to their low value, these laneways were ultimately not sold, gifted or otherwise. Over a hundred years later, the properties remain owned by individuals who have been dead for a century or more.
The biggest issue is that without a living owner, it can make access and maintenance very challenging to resolve. Here are two recent examples:
Orphaned laneways were created based on the needs of individual private landowners who lived a century ago. The City typically wants laneways that are at least six metres in width--enough to allow two private vehicles to pass one another--and many orphaned laneways fall well short of that. They may pose safety challenges for pedestrians as well as accessibility issues that the City would then become responsible for.
Assuming an orphaned laneway also then comes with the responsibility for maintaining the laneway. The City would then also become responsible for the ongoing maintenance. If the City then accepts a substandard laneway and all maintenance costs, we then may be liable if someone injures themselves or their property while using our laneway. These costs are not minor, and are a barrier for the City.
Despite--or perhaps, because--their owners being long deceased, orphaned laneways are very challenging to obtain ownership of. There are three main avenues.
As noted above, it can be very difficult to “reclaim” an orphaned laneway, so there may be limited options to deal with outstanding issues. The City may provide some short-term assistance with handling issues such as waste, but as noted above any long-term solutions will be challenging.
If there is a desire to acquire an orphaned laneway for private purposes, then you should consult with a lawyer. This can be a very challenging and expensive process, and it’s going to be important that the appropriate steps are taken to seek ownership.
If there is a desire for simple maintenance to address common issues, collaborating with neighbours may find workable solutions. Organizing regular cleanups and coordinating with Toronto Police on safety matters may be recommended. There may be solutions that would not be permitted in a public laneway that can be implemented in an orphaned laneway–without the permission of the owner.
A bit of research will usually clear up who the owner of any piece of property is. As a quick starting point, the City has a map of its laneways as part of its road classification efforts. A Ward 13 version of that map can be found here. If the laneway in question is not on that map, it is almost assuredly a privately owned laneway. From there, you can learn how to search ownership through the province's "ONLand" system.
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