How Far Back Does a Title Search Go in Newfoundland and Labrador?

Many buyers expect a title search to cover a set number of years, such as 40 or 60. In Newfoundland and Labrador, the answer is less tidy than people expect, and it helps to know what the search is really for.

This article explains what a title search looks at, what the registry itself does and does not promise, how searching works and what it costs, and why a search result sometimes does not tell the full story.

This article covers the law of Newfoundland and Labrador.

What a title search is for

A title search looks through the public records to see who has claimed an interest in a piece of land. Buyers, owners and lenders use it to learn who owns the property and whether anything is registered against it, such as a mortgage or lien.

The Registry of Deeds is open to the public. Each registered document may show property descriptions, liens against property and the consideration paid.

How many years does it go back?

Nothing in the Registration of Deeds Act, 2009 states a fixed number of years of ownership history that must be searched. The Government of NL page on title searching also does not state how many years back a search goes. In practice the period a lawyer reviews can depend on the property, the records available and lender or insurer instructions, so ask your lawyer what is being covered in your case.

The registrar keeps an index of all instruments and notices registered. Because the system is organized around instruments and notices, a search follows those entries rather than a single tidy ownership timeline.

What a search can miss

The registry is a registry of deeds and notices that provides notice and priority, not a title guarantee. That means a clean-looking search does not promise that nothing is wrong.

• Mortgage terms. After a notice of mortgage is registered, a title search may show only the notice, not the full terms. The mortgagor can ask the mortgagee for a full copy, which must be provided within 30 days.
• Unregistered documents. An instrument that has not been proved and registered, or had a notice registered, is treated as fraudulent and void against a later purchaser or mortgagee for value who registers first. That is why registration matters, but it also means unregistered claims may not appear in a search.
• Missing releases. A mortgagee must register a release within 60 days after the mortgage is fully paid. A search may show a mortgage that has been paid but whose release is not yet registered.
• Gifts and confirmations. An affidavit of value must be registered for a deed of gift, and for a deed of confirmation where no prior registrations exist for that transfer.

Title searching in the province is complicated, and the government recommends a professional search firm or lawyer.

How searching works and what it costs

Registry staff do not do searches for clients. A licensed user may search and view registered instruments online without limit. Certified copies are available on request.

The online system is accessible at any time except outages. These amounts are the ones the government lists, so check the current figures before you budget.

What to do next

• Ask your lawyer what period and records the title search will cover for your property.
• Ask whether any mortgages, liens or notices appear and, for mortgages, whether the full terms need to be requested.
• Confirm that any paid-off mortgage has a registered release.
• Gather your existing deed, any survey and your offer so the lawyer has the full picture.
• Remember that the Registry of Deeds says it is advisable to engage a lawyer to prepare documents.

Also keep in mind that on a sale for valuable consideration, the grantor is treated as covenanting that they have full power to convey and that the property is free of encumbrances except those expressly accepted. Your lawyer can explain how that fits with the search results.

Frequently asked questions