What does my lawyer check in a title search?
A title search is a review of the public land registry records for a property going back through the chain of ownership. In Ontario, your real estate lawyer (or their title clerk) runs this search to confirm the seller actually owns what they are selling, and to uncover anything registered against the property that could affect your rights.
The search typically checks for: mortgages and charges that must be discharged before or at closing; executions (court judgments) against the seller that have been filed with the sheriff; easements or rights-of-way that allow others to use part of your land; restrictive covenants that limit how you can use the property; and any notice or caution registered by a creditor or government body.
The lawyer also checks tax arrears and the status of local improvement charges, which could become your obligation after closing. If problems turn up, your lawyer will work with the seller's lawyer to resolve them — for instance, arranging for a mortgage to be discharged from the sale proceeds — or advise you on whether to accept the title as-is, negotiate a price reduction, or walk away.
Key takeaways
- A title search checks the full chain of ownership and every registered claim on a property.
- The lawyer looks for mortgages, judgments, easements, covenants, and tax arrears.
- Issues found must be resolved before you take ownership or disclosed to you.
- The search is a standard step in every Ontario residential purchase.