- Title is the legal concept of ownership.
- Your lawyer searches the property's title going back to a "root of title" — a point in time far enough back that the record is considered reliable.
- Most title issues your lawyer finds are resolved before closing as a condition of completing the transaction.
When you hire a real estate lawyer to handle your Ontario home purchase, one of their first tasks is conducting a title search — a review of the property's registered history in the Ontario land registry. First-time buyers often hear this mentioned without understanding what it means or what it can uncover. A title search protects you from inheriting someone else's legal problems the moment you take ownership.
This article explains what a title search is, what it looks for, and what happens when something problematic is found.
What Is Title?
Title is the legal concept of ownership. When you buy a home, the seller transfers title — legal ownership — to you. That transfer is registered in the Ontario land registry (administered electronically through the Teraview system). From that point forward, you are the registered owner.
But title is not a blank slate. Over the years, a property accumulates a history: mortgages, easements, rights of way, covenants, liens, and more. All of these may be registered against the title and remain attached to the property even when ownership changes. As the buyer, you inherit whatever is registered unless the seller resolves it before or on closing.
What a Title Search Covers
Your lawyer searches the property's title going back to a "root of title" — a point in time far enough back that the record is considered reliable. In Ontario's automated land registry system (which covers most of the province), searches are conducted electronically. Some older properties in parts of Ontario still fall under the older Registry Act system, which requires different — and more extensive — searching.
The search reveals:
Outstanding Mortgages
The seller's existing mortgages must be discharged (fully paid off) and the discharge registered before or on your closing date. If they are not, the mortgage follows the property — meaning your new home could be encumbered by the seller's debt. Your lawyer confirms all mortgages are discharged by the time the deed transfers to you.
Liens
A lien is a legal claim against a property, often by a contractor or tradesperson who was not paid for work done. Construction liens under Ontario's Construction Act can be registered against a property and attach to the title. If you take title with an unresolved lien, the claimant can enforce it against you. Your lawyer looks for active lien registrations and, if found, requires them to be dealt with before closing.
Easements and Rights of Way
An easement gives someone else the right to use part of your property for a specific purpose. Common examples include:
- Utility easements (the power company's right to access overhead or buried lines)
- Shared driveway agreements
- Drainage easements
These are registered on title and transfer with the property. They are not necessarily problems — most easements are minor and expected — but you should know about them. Unusual or restrictive easements can affect how you use the property.
Restrictive Covenants
A restrictive covenant is a promise registered on title that limits what the owner can do with the property. For example: "No structure shall be built on this lot within ten metres of the rear lot line" or historical covenants restricting certain uses. Covenants run with the land — they bind all future owners.
Tax Arrears
Your lawyer confirms that property taxes are current as of closing. Outstanding property tax arrears become the buyer's problem if not addressed. If the municipality has registered a lien for unpaid taxes, it must be resolved at closing.
Executions
An execution (also called a writ of seizure and sale) is a court order directing the sheriff to seize and sell property to satisfy a judgment. Executions can be registered against a person — meaning any property registered in that person's name can be subject to the writ. Your lawyer searches for executions against the seller to ensure none attach to the property being transferred.
What Happens When a Problem Is Found?
Most title issues your lawyer finds are resolved before closing as a condition of completing the transaction. Common resolutions:
- Outstanding mortgage: the seller's lawyer undertakes (in writing) to discharge it from sale proceeds on closing day.
- Lien: the seller holds back funds to satisfy it or pays it off before closing.
- Tax arrears: the property tax balance is paid on closing from the sale proceeds.
- Execution: the seller proves the writ does not relate to them or pays the judgment debt.
Some issues cannot be resolved easily — for example, a significant restrictive covenant that affects your plans for the property, or a complex disputed easement. Your lawyer advises you on whether to proceed, negotiate a price adjustment, or walk away if a condition permits it.
Where Title Insurance Fits In
Even the most thorough title search has limits. It searches registered documents — it does not walk the lot or verify unregistered interests. Title insurance fills the gaps by covering:
- Fraud or forgery in the chain of title
- Survey errors and encroachments not visible from the registry
- Unregistered interests (like an unregistered easement a neighbour has used informally for years)
- Certain zoning and building permit deficiencies
- Issues in the title your lawyer missed
Title insurance is a one-time premium at closing and does not replace the title search — it supplements it. Your lawyer arranges both.
Frequently asked questions
How long does a title search take?
With Ontario's electronic land registry, most urban property title searches can be completed within a few days. Rural or older Registry Act properties may take longer, particularly if there are gaps in the electronic record.
Can I do my own title search?
In theory, registered documents are public record and searchable through Teraview. In practice, interpreting what you find — understanding the difference between a dormant easement and an active one, or evaluating whether an old mortgage was properly discharged — requires legal training. This is precisely why the title search is part of what your real estate lawyer does.
What is a "title report"?
Some lawyers provide a written title report summarizing what the search found and confirming that the issues identified have been resolved. Ask your lawyer to walk you through the key findings.
Does title insurance mean my lawyer does not need to do a title search?
No. Title insurance supplements the search; it does not replace it. Lenders also require the title search independently of insurance.
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