- Unpaid property taxes are a special lien that ranks ahead of every other claim, lien or encumbrance except the Crown's, and a tax arrears certificate can be cancelled by paying the cancellation price only before the one-year period under s. 379(1) ends.
- Construction liens, writs of execution and CRA memorials each work differently, so the right fix depends on which registration is on title.
- Consumer NOSIs registered before June 6, 2024 are treated as expired, and a lender who cannot be found does not necessarily block a discharge.
You may have found an unfamiliar registration on your property's title, or you may simply worry that something is there. Either way, it helps to understand what is registered against your land well before you sell, so nothing comes as a surprise when you have a buyer.
Not every registration is a problem, and they are not all cleared the same way. This article explains what common ones do and how each is usually handled, so you can talk to a lawyer with a clear picture.
Finding out what is on title
Ownership changes and other dealings with land are registered electronically by authorized users, such as Teraview account holders. Anyone can search property records on OnLand for a fee.
ServiceOntario cannot search title for you, give legal advice or explain property records, and it refers people to a lawyer, title searcher or surveyor. Reading a title search is not always simple, so having a lawyer explain what each entry means is usually worth it.
Unpaid property taxes and tax arrears certificates
Unpaid property taxes are a special lien on the land. It ranks ahead of every other claim, lien or encumbrance except the Crown's.
If arrears are still owing on January 1 in the second year after the taxes became owing, the treasurer may register a tax arrears certificate on title. Before the one-year period under s. 379(1) of the Municipal Act, 2001 ends, anyone may cancel it by paying the cancellation price. That price covers arrears, current taxes, interest, penalties and reasonable municipal costs.
Cancellation prices are worked out property by property, so ask your municipality for the current figure rather than estimating it. Time matters here, so act early if you see a certificate.
CRA debts, writs of execution and construction liens
| Registration | What it does | How it is usually dealt with |
|---|---|---|
| CRA memorial | The CRA may certify an unpaid tax debt and register the certificate in the Federal Court. A memorial may then be registered in the provincial land registry, creating a charge on the debtor's land, ranking behind interests perfected before it was recorded. | How it is resolved depends on the debt and the CRA's position, so a lawyer or accountant can confirm the steps for your situation. |
| Writ of execution | Binds the debtor's lands from the effective date of the writ, renewal or certificate noted in the sheriff's index. | How a writ is cleared depends on your situation, so it is worth confirming the steps with a lawyer. |
| Construction lien | A contractor's lien expires 60 days after the triggering event in s. 31(2) unless preserved, and it is preserved by registering a claim for lien on title. | A preserved lien expires unless perfected within the 90-day period in s. 36(2). The court must make an order vacating a lien when money or security is paid into court, and the motion can be made without notice. |
If you are not sure whether a writ or memorial on title actually relates to you, it is worth confirming with a lawyer.
Old NOSIs and lenders who cannot be found
The Homeowner Protection Act became law on June 6, 2024. It bans registering new consumer Notices of Security Interest (NOSIs) and treats all consumer NOSIs already on title as expired. An expired NOSI may still appear on title but does not affect the land. It can be removed through a lawyer with an Application to Amend the Register, a fee and a law statement.
A different problem arises when an old mortgage is still on title but the lender cannot be found. If the mortgagee cannot be found, or a discharge cannot otherwise be obtained, the court may allow the amount owing to be paid into court and order the mortgage discharged. A registered court discharge order has the same effect as a discharge signed by the mortgagee.
What to do next
- Search title through OnLand, or ask a lawyer or title searcher to do it.
- List every registration and note what type it is.
- Ask the municipality for a current tax statement, and the cancellation price if a certificate is registered.
- Gather contracts and invoices for any recent renovation work in case of a construction lien.
- Collect old mortgage papers and any attempts to reach a lender.
- Raise all of this with your lawyer early, before you list or accept an offer.
Which fix applies depends on the facts, and some steps take time. A real estate lawyer can confirm what must be cleared before closing.
Frequently asked questions
Can ServiceOntario tell me what is on my title?
No. ServiceOntario cannot search title, give legal advice or explain property records, and it refers people to a lawyer, title searcher or surveyor. You can search property records yourself on OnLand for a fee.
Do unpaid property taxes have to be paid when I sell?
Unpaid taxes are a special lien that ranks ahead of every other claim except the Crown's. A buyer will expect them dealt with, and your lawyer can confirm the amount owing and how it is paid on closing.
I found an old NOSI on title. Is it a problem?
Consumer NOSIs already on title are treated as expired under the Homeowner Protection Act, and an expired one does not affect the land. It may still appear on title, and it can be removed through a lawyer with an Application to Amend the Register.
What if a contractor registered a lien after work on my house?
A contractor's lien is preserved by registering a claim for lien on title, and a preserved lien expires unless perfected within the 90-day period in s. 36(2). The court must make an order vacating a lien when money or security is paid into court. A lawyer can advise on which route fits your situation.
Sources
- Ontario.ca – Overview of the land registry — ontario.ca
- Ontario.ca – Notices of Security Interest — ontario.ca
- Mortgages Act, R.S.O. 1990, c. M.40 (e-Laws) — Ontario e-Laws
- Municipal Act, 2001, S.O. 2001, c. 25 (e-Laws) — Ontario e-Laws
- Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), s. 223 — Justice Laws (federal)
- Execution Act, R.S.O. 1990, c. E.24 (e-Laws) — Ontario e-Laws
- Construction Act, R.S.O. 1990, c. C.30 (e-Laws) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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