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Real Estate

Is a lawyer's title opinion the same as title insurance?

TSL Written by the Treadstone Law team· Updated June 2026

No — a lawyer's title opinion and title insurance are complementary but different things, and Ontario buyers typically receive both.

A title opinion (sometimes called a title report) is your lawyer's professional assessment of the state of title after reviewing the search results, registered documents, and survey or off-title information they have gathered. It tells you what is on title, whether the title is marketable, and what (if anything) needs to be resolved before closing. The lawyer is giving you their professional judgment based on a review of available records. If the lawyer makes an error in that review and you suffer a loss as a result, you can potentially claim against their professional liability (errors and omissions) insurance.

Title insurance is a separate product issued by an insurance company. It covers you against losses from defects in title that were not discovered during the search — things like off-title construction liens that had not yet been registered, zoning non-compliance, survey errors, and title fraud. Unlike a lawyer's opinion, title insurance covers unknown past risks and continues to protect you as long as you own the property (for an owner's policy).

In most Ontario residential transactions, your lawyer provides both a title opinion and recommends title insurance, with the policy premium paid at closing. The two work together to give you comprehensive protection.

Key takeaways

  • A title opinion is your lawyer's professional assessment of title based on a search of records.
  • Title insurance covers defects not found in the search and risks like fraud and encroachments.
  • Lawyer opinions rely on available records; title insurance covers unknown and hidden risks.
  • Most Ontario buyers receive both as part of a standard closing.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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