Your mode of travel so much defines your perspective of a city, really this is the principle that this blog was built on. As my primary day-to-day transportation around Victoria is by foot, I see my way through it differently than if I was on a bike or in a car. For those in cars, we might each have a little side street shortcut; or on a bike a little pathway where your bike can fit through the gates; the same applies to walking though on a much grander scale than either of the other two. This is because as a pedestrian you are just that extra bit more nimble, so a set of stairs, a parking lot with a path at the back or even the lobby of a hotel can become part of your route. Needless to say this means that a lot of pedestrian routes can be across private property.

I know that the title may be a little bit of a dramatic way of putting it, but technically if you are crossing private property contrary to the intended use I think that trespassing is what you are doing. Also I should say that before you call the authorities, I would never suggest crossing through property where the owner has explicitly told you not to either directly or through signage. Of course, sometimes they don’t even need to put up a sign to say what they mean. And sometimes the walkway gets closed off for no good reason at all…

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A couple of recent items got me thinking about this, one is the recent BC Court of Appeal ruling on access to two lakes in the interior of the province. That ruling found in favour of the land owner that British Columbians could not cross their land to access the two lakes despite the fact that the two lakes are Crown assets. You can read more about this here. I get the legal argument completely, BC has what is called a Torrens title system which sides heavily with land owners. There are no squatter rights in BC for example, due to this no matter how long you have been somewhere, even if the owner has allowed it. The second item is more practical and direct, the addition of a new gate across a parking lot in North Park for the Sands Funeral Chapel. This new gate replaces a previous chain gate. The difference is that the new steel gate goes from one edge of the property to the other and makes it difficult without squeezing through a small opening sideways or ducking under the gate to walk through the parking lot. I am definitely not walking through this lot with my son in his stroller. This gate shows a clear intention by the property owner to keep me from crossing it. This has been one of my main routes through to my work from home for many years and it was disappointing to see it happen, but what is more, I think that it actually has a negative impact on the property as well.

As I said at the top, pedestrians have a unique ability to be able to access many different environments as part of their route but this is not a one way street (bad pun sorry). The average citizen moving about the city confers benefit in their movement in at least three ways:

1. The pedestrian as a vehicle of commerce - So if you are a property owner along a choice street, you can command higher rents from the businesses but also if you can create a new route, you may also be able to take advantage of those that pass by as customers. A great example of this is St. Andrews Square between Yates Street and View Street or Dragon Alley in Chinatown. The businesses in both of those locations get business just from being along a busy walking route for the city (if you know about it). So there can be an economic benefit to allowing access to private property for people. I also think, at least for myself, I have a positive feeling towards places that share a space with me even if they might not be a store that wants me to walk in.

2. The pedestrian as a crime deterrent - Usually crime doesn’t occur in front of other people. This is because those that are going to commit crimes want quite rightly to enhance their chances of success. That means that places that have people walking through them on a regular basis are going to (on the whole) be less likely to attract criminal behaviour. Conversely, places that are closed off to the public but still accessible to those that are likely to commit crimes are going to see more criminal behaviour. Thinking about parking your bike, do you choose a visible public spot or do you choose a a dark corner behind a gate away from peoples eyes to lock up your Surly? The choice is obvious. The same principle would go for parking your car which may backfire on the Sands Funeral Home parking lot.

3. The pedestrian as spectacle - The last benefit of the pedestrian is certainly linked to the two above but is also separate. There is a undeniable need by humans to be seen and to see other humans. In just moving through spaces we make them more interesting for other people and also make them more likely to do the same for us. A busy street draws us in and makes us feel more relaxed and safer. This same benefit can be used by property owners to make their properties safer happier and warmer for them and their businesses.

I understand the property owner’s perspective and concern. Those that are not part of their plan for their land, complicate it. That complication can lead to conflict if you have pedestrians moving through a parking lot while people are trying to park their cars. The main concern is likely legal though. There is concern that someone injured on the property, especially if they have not been purposely forbidden from entry gets hurt, they could sue them. I think that this could be easily rectified through some legislation that could protect the property owner from liability from those that are crossing their land. While I am not a legal expert I imagine that some of the “freedom to roam” provisions in Europe must include protections to property owners which could be brought into an urban context here.

What are your thoughts on the complications and benefits of pedestrians using private spaces as part of their walking routes? Let us know in the comments!

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