- Many title problems, such as liens and tax arrears, can be cleared before or at closing rather than blocking a sale outright.
- A spouse's rights in a matrimonial home can stop you from selling without their consent unless an exception applies.
- A lawyer, title searcher or surveyor is the right person to explain property records, because ServiceOntario cannot.
Title problems often surface late, when a buyer's lawyer searches the property records. A lien, a claim from a co-owner or a name missing from title can hold up a closing.
Having a problem on title does not always mean you cannot sell. This article explains common problems, how they are usually dealt with, and who can help.
How title works
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, give legal advice or explain property records, and it refers people to a lawyer, title searcher or surveyor. Encroachments, such as a fence or building over a boundary, are the kind of issue a survey can reveal, so a surveyor and your lawyer are the people to ask.
Liens and debts registered against the land
| Type of claim | How it affects the property |
|---|---|
| Unpaid property taxes | A special lien that ranks ahead of every other claim except the Crown's. |
| Tax arrears certificate | Anyone may cancel it by paying the cancellation price before the one-year period ends. |
| Unpaid federal tax | A memorial registered in the land registry creates a charge on the debtor's land. |
| Writ of execution | Binds the debtor's lands from its effective date in the sheriff's index. |
| Contractor's lien | Expires unless preserved by registering a claim for lien on title and perfected within the 90-day period. |
For a contractor's lien, the court must make an order vacating it when money or security is paid into court, and the motion can be made without notice. The cancellation price for tax arrears covers arrears, current taxes, interest, penalties and reasonable municipal costs.
Old consumer Notices of Security Interest are a special case. Since June 6, 2024, all consumer NOSIs on title are treated as expired. An expired NOSI may still appear on title but does not affect the land, and it can be removed through a lawyer with an Application to Amend the Register.
A missing owner or someone with rights in the home
- Spouse. A spouse may not sell or mortgage a matrimonial home unless the other spouse consents, has released their rights in a separation agreement, a court order authorizes it, or another property is registered as the matrimonial home. Separation does not end spouse status for these rules.
- Court help. A court may authorize a sale if the other spouse cannot be found, is not capable of consenting, or is unreasonably withholding consent.
- Unmarried partners. The matrimonial home consent rule uses the narrower definition of spouse, so it does not protect unmarried partners.
- Co-owners. Joint tenants and tenants in common may be compelled to partition or sell the land.
- Inherited property. Where land is held by will or intestacy, no partition proceeding may start until one year after the death.
A sale made without the required spousal consent can be set aside, except where the current holder bought for value, in good faith and without notice that it was a matrimonial home.
Selling when an owner has died
Property the deceased held without a right of survivorship passes to the estate's personal representative as trustee. If the deceased owned real property, the estate normally has to be probated.
A personal representative may sell real property to pay debts without the beneficiaries' agreement, but a sale only for distribution needs their agreement or approval by a majority holding at least half the interests. A sale affecting a minor's interest needs the Children's Lawyer's written approval or a judge's order.
What to do next
- Order a title search through your lawyer and review every registration.
- Ask a surveyor whether any boundary or encroachment issue exists.
- Get payout or cancellation figures for any tax arrears, lien or mortgage.
- Find out whether a spouse, co-owner or estate is involved and who must sign.
- Tell your lawyer early so any fix is arranged before closing.
Frequently asked questions
Can I sell if there is a lien on my property?
Often yes, if the lien is paid or dealt with so it can be removed. For example, a tax arrears certificate can be cancelled by paying the cancellation price. A contractor's lien can be vacated when money or security is paid into court.
Can I sell my home without my spouse's signature?
For a matrimonial home, you may not sell unless the other spouse consents or another exception applies. A court may authorize a sale if consent is unreasonably withheld or the spouse cannot be found.
What if a co-owner will not agree to sell?
Joint tenants and tenants in common may be compelled to partition or sell the land. Any person interested in the land may bring the action or application.
Does an old NOSI on title block my sale?
Consumer NOSIs already on title are treated as expired and do not affect the land, though they may still appear. A lawyer can have one removed with an Application to Amend the Register.
Sources
- Ontario.ca – Overview of the land registry — ontario.ca
- Ontario.ca – Notices of Security Interest — ontario.ca
- Estates Administration Act, R.S.O. 1990, c. E.22 (e-Laws) — Ontario e-Laws
- Ontario.ca – Administering estates — ontario.ca
- Family Law Act, R.S.O. 1990, c. F.3 (e-Laws) — Ontario e-Laws
- Partition Act, R.S.O. 1990, c. P.4 (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)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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