What a Title Search Shows on a Saskatchewan Property

You have found a property, or you already own one, and someone has told you to get a title search. It sounds simple, but the page that comes back can look dense, and it is easy to miss what matters.

This article explains in plain words what a Saskatchewan title search shows, what it leaves out, and how to read it before closing. It is general information, not advice on your own purchase.

This article covers the law of Saskatchewan.

What a title search is

A title is the official record of who owns a parcel of land and what claims are registered against it. In Saskatchewan, that record is kept by ISC, and its Quick Search tool is the usual starting point.

ISC Quick Search finds currently active titles. You can search by parcel number, title number, owner name or land description, then view a title image or request a certified print.

Note that ISC pages are now being mirrored at saskregistries.ca, so the site address you are sent to may differ from older instructions.

What you will see on a title

A title shows the current registered owner and the land it covers. It also lists registered interests. An interest is any right, interest or estate, legal or equitable, recognized at law and less than title.

In practice, that means other people or lenders may have registered a claim against the land. The table below shows how some common items appear.

If you have seen the word caveat used in other provinces, be careful with it here. On an ISC title, the thing to look for is a registered interest, which is any right, interest or estate recognized at law and less than title. Do not assume the rules from another province apply here.

What a basic search leaves out

Quick Search is a snapshot of today. It does not show previous owners or interests that were removed. For that history, ISC points to its advanced Search tool.

A judgment against the owner may not appear on the title at all, because judgments are tracked separately in the Judgment Registry. If you are worried about a seller's debts, ask your lawyer whether that registry should be checked as well.

How to read the results before closing

Reading a title is mostly about comparing it to the deal you think you are making. Go line by line and ask whether each entry fits.

• Does the owner name match the seller on the offer, spelled exactly the same way?
• Does the land description or parcel number match the property you viewed?
• Is there a mortgage listed? If so, who will pay it out, and when?
• Are there liens or other interests you did not expect?
• Is there a title lock, which is a prohibition on the title?
• Has anyone checked the Judgment Registry for the seller?

An entry you do not recognize is not automatically a problem. Some interests are routine and some are cleared at closing. The point is to know about them early, while there is still time to ask questions.

If an old registered interest is still on the title, there is a process in the Land Titles Regulations, 2001 under which the Registrar can issue a notice that it will lapse. That is covered in our article on removing a caveat.

Costs connected to the title, and next steps

Saskatchewan has no land transfer tax listed in CMHC's provincial fact sheet. Instead there is a provincial fee to transfer property, based on the property's value. ISC updates some of its fees, so confirm the current schedule before you budget.

In a standard Law Society offer-to-purchase template, each party pays their own lawyer, and the purchaser pays the Land Titles Registry fees to register the property in the purchaser's name and to register the purchaser's mortgage. Your own offer may differ, so read it closely.

• Run or request the title search as early as your offer allows.
• Save a copy of the title image or certified print for your records.
• List every entry you do not understand and bring it to your lawyer.
• Ask whether a deeper history search is worth doing for your property.

Frequently asked questions