- Anyone can search and download current and historical property records through OnLand for a fee, which is the usual first step.
- A deed that only corrects an earlier legal description is not taxable if no consideration passes and tax was properly paid or exempted earlier.
- If someone was wrongfully deprived of land through fraud or a registration error, compensation may be sought from the Land Titles Assurance Fund within six years of the loss.
You have looked at your property records and something is off. A name is misspelled, a former owner is still listed, a person who should be on title is missing, or an old registration seems to linger. It is stressful, especially if you are about to sell or refinance.
How an error is fixed depends on what kind of error it is and how it got there. This article walks through the common causes and the general options, so you know what to raise with a lawyer.
Start by getting the records
Ontario's land registry is online only and holds the official records of property ownership for more than 7.4 million parcels. Anyone can search, view and download current and historical property records, such as a parcel register, through OnLand for a fee.
ServiceOntario reviews and certifies registrations, but it cannot search, give legal advice or explain any property's records. So you will need someone to read the records with you. Get the register and copies of the documents behind each entry before deciding what is wrong.
Common problems and how they may be fixed
| Problem | General approach |
|---|---|
| Wrong legal description | A deed that only corrects an earlier legal description is not taxable if no consideration passes and tax was properly paid or exempted earlier. |
| Joint owner has died | The survivor updates title with a Survivorship Application under Land Titles Act s. 123, stating the joint tenancy and the date of death. |
| Owner died and property did not pass by survivorship | An estate normally must be probated if the deceased owned real property that does not pass by right of survivorship. |
| Fraudulent document registered | The register may be rectified by the Director of Titles or a court. |
| Loss from fraud or registration error | Compensation may be available from the Land Titles Assurance Fund. |
A wrong name or a missing owner does not fit one rule. The fix may be a correcting document, a document from an estate, or a court application, depending on how the problem arose. A lawyer can tell you which.
Deaths, estates and survivorship
Many title problems start when an owner dies. After a joint tenant dies, the survivor updates title with a Survivorship Application. For deaths on or after March 1, 1986, it must also include a Family Law Act spousal statement. The required statements can only be made by a solicitor, who must sign them.
If a spouse dies owning a matrimonial home as a joint tenant with someone other than their spouse, such as an adult child, the joint tenancy is deemed severed immediately before death, so the right of survivorship does not operate. That can leave title looking different than the family expects.
For small estates with no certificate, a personal representative can apply for transmission under Land Titles Act s. 124 by stating that no application for a certificate was made and that the estate's total value is not more than $50,000. A covenant to indemnify the Land Titles Assurance Fund is required. Procedures here are detailed, so confirm current requirements with a lawyer.
Fraud, old claims and compensation
For a fraudulent instrument registered on or after October 19, 2006, the usual rule that a registered instrument is effective as part of the register does not apply. The Director of Titles or a court may rectify the register where such an instrument was registered, where a registered instrument would be absolutely void if unregistered, or to correct an error that would deprive someone of land they legally possess.
A person wrongfully deprived of land through fraud or registration error may apply for compensation to the Director of Titles within six years of suffering the loss. A Hearings Officer decides eligibility and amount.
Old possession claims can also appear. For land under the Land Titles system, no title can be acquired against the registered owner by length of possession, so new adverse possession claims are barred. Registry system land and rights that existed before land titles are treated differently: an action to recover land must be brought within ten years, after which the owner's title is extinguished.
If you think you are a victim of title fraud, Ontario advises reporting to local police, getting legal advice, contacting the Land Registry Office, speaking with your bank, and asking Equifax Canada and TransUnion Canada for a free security freeze.
What to do next
- Order the parcel register and the documents behind the entry that looks wrong.
- Write a short timeline of who owned the property, who died, and what was signed.
- Collect wills, death certificates, separation agreements and past deeds.
- Do not sign a new transfer until you know what the error is and how it happened.
- Ask a lawyer whether a correcting document, an estate step, or a court application fits.
- Ask whether title insurance is in place; it is optional, may cover unknown title defects, and generally excludes defects the buyer knew about.
Frequently asked questions
Can I search my own property title?
Yes. Anyone can search, view and download current and historical property records, such as a parcel register, through OnLand for a fee. ServiceOntario cannot explain what the records mean.
Do I pay land transfer tax on a document that corrects my legal description?
A deed that only corrects an earlier legal description is not taxable if no consideration passes and tax was properly paid or exempted on the earlier document. If anything else changes hands, the answer may differ.
How long do I have to claim compensation for a title fraud loss?
A person wrongfully deprived of land through fraud or registration error may apply to the Director of Titles within six years of suffering the loss. A Hearings Officer decides eligibility and amount. Get legal advice early.
Does title insurance fix a title error?
Title insurance is optional and, for a one-time premium, may cover unknown title defects, liens, encroachments, survey and public-record errors and title fraud. It generally excludes defects the buyer knew about. Check your own policy's terms.
Sources
- Ontario Ministry of Finance – Transactions for Nominal Consideration — ontario.ca
- Ontario – Land Registry overview — ontario.ca
- Family Law Act, R.S.O. 1990, c. F.3 (e-Laws) — Ontario e-Laws
- Ontario Land Registration Bulletin 2000-6 – Estate documents — ontario.ca
- Ontario – Apply for probate of an estate — ontario.ca
- Land Titles Act, R.S.O. 1990, c. L.5 (e-Laws) — Ontario e-Laws
- Real Property Limitations Act, R.S.O. 1990, c. L.15 (e-Laws) — Ontario e-Laws
- Ontario – Compensation for loss: Land Titles Assurance Fund — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a real estate question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.