POSITION PAPER
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OVERBROOK’S INVISIBLE ISSUE: A network of untraveled ten-foot urban lanes
15 January 2015
To obtain closure and purchase from the City of Ottawa of untraveled lanes by
abutting homeowners in the neighbourhood of Overbrook.
Urban Lanes ad hoc Committee, Overbrook Community Association
Wendy Dennys, Robb Wainwright, Co-chairs
Introduction
At 12:05 pm on 2 August 1911, Overbrook’s “invisible issue” was born with the registration of Plan
318 with the County of Carleton. Shown on this plan is a network of ten-foot wide lanes on either side
of Queen Mary Street from Russell Road (now North River Road) to the St. Lawrence & Ottawa
Railway track (now the Vanier Parkway). This network was later extended east on Plans 341 and 342
beyond Isidore Street.
In 2013, the Urban Lanes Committee of the Overbrook Community Association was formed with the
expressed goal of pursuing the closure and purchase of the lanes by abutting owners at minimum cost
to them.
Background
In the years between 1911 and 2013, the lanes remained mostly unused by the public and un-serviced
by successive municipal governments. There are vague oral stories of wagons using them to collect
sewage from outhouses; however, it appears the land remained mostly unused and forgotten by the
authorities.
A century after the lanes were created, more than 200 private homes back onto them. They are in fact
invisible to anyone touring the neighbourhood to view them. Over the years, utility services have been
installed down the middle of the lanes and vegetation and tall trees have grown up all along the
laneways. Fences, hedges, garages and sheds have also been installed by abutting landowners.
As the process of encroachment has transpired, neighbour has been pitted against neighbour due to
property line ambiguity and misunderstandings; suspicions have developed, many that continue to
this day. A number of house sales along the laneway -- some recent, some not so recent -- were
finalized with the buyers unaware of the existence of the City-owned land, adding to the general
uneasiness of abutting homeowners.
A number of attempts have been made by abutting homeowners to purchase the lane. In 1967,
records show that City Council, considering a request to close the lane bound by Queen Mary, Quill,
Vera and Prince Albert, stated “It should be noted that this lane has not been maintained to date by
the City and, therefore, subject to the consent of abutting property owners, it could be closed by
Judge’s Order.” Another application for lane closure was submitted in August 1973 for the block
bound by Queen Mary, King George, Marion and the railway track (now Vanier Parkway). Neither
application was successful. While a few residents claim ownership of the lane behind their properties,
these claims have been refuted by the City.
The current desire to pursue closure and purchase of City-owned lanes has strong support within the
community and especially by affected homeowners. This support became evident in the first quarter
of 2010 when the City asked a developer to submit a housing design that included the use of the
laneway for vehicular access to the homes. The uncertainty of the past became galvanized in strong
opposition to any talk of opening the lanes in the future. It has been demonstrated through
community meetings, through conversations between residents, and through a targeted
questionnaire, that closure of this network of lanes would be welcomed by abutting homeowners and
supported by many non-abutting residents.
Possible Benefits to Closing the Lanes
An application to close a pilot block bound by Queen Mary, Prince Albert, Marion, and the Vanier
Parkway was approved in September 2014. We await a report from City staff on land pricing options,
due to be submitted to FEDCO and City Council in the first quarter 2015. Once the purchase price is
decided, further costs will need to be considered such as survey and conveyance fees. The ability to
finalize this land transfer deal is a test case and crucial to settling the remaining blocks and removing
this “cloud of uncertainty” which hangs over the homeowners.
For the City, divestment would result in transfer of liability to the homeowners. With the emerald ash
borer affecting so many of Overbrook’s trees -- many of them located in the laneways -- the possibility
of damage to property and lives has increased. The cost of tree removal would also be transferred to
the purchasers.
If the laneway property is transferred to homeowners, their property assessments may go up in future
years when re-assessment takes place. While this amount may be negligible when applied to the mill
rate, it will however, result in an increase in tax revenue in perpetuity.
For the community of Overbrook, the intangible result will be the message that the City cares that a
decision made a century ago does not serve the neighbourhood today and needs to be rectified. As an
area on the cusp of exciting development opportunities – with rapid transit and efficient cycling
routes at our doorstep – we need support to ensure that our community wishes are given every
consideration.
Removal of the laneway “cloud” would go a long way toward some effective community-building.
This process has already begun through the process of applying for closure of the pilot block.
Neighbours have been canvassed and some fears allayed; as we work toward finalizing the
transaction, we expect further understanding and resolution to take place. Without resolving this
property issue, suspicions will continue, not only on the pilot block but on the whole network.
We are very hopeful that the goal of closing the network of lanes is achievable with the support of
Ward 13 Councillor Tobi Nussbaum and City Council.
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