What is Title Insurance?

Thursday Aug 08th, 2019

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Title Insurance is an insurance policy that protects property owners and their lenders against losses related to the property’s title or ownership.  Although commonly considered when closing on a newly purchased home, Title Insurance is not a legal requirement in Ontario.

What does Title Insurance cover? 
Protection from such losses as:

  • Unknown title defects (title issues that prevent you from having clear ownership of the property)
  • Existing liens against the property’s title (e.g., the previous owner had unpaid debts from utilities, mortgages or property taxes secured against the property)
  • Encroachment issues (e.g., a structure on your property needs to be removed because it is on your neighbour’s property)
  • Title fraud
  • Errors in surveys and public records
  • Other title related issues that can affect your ability to sell, mortgage or lease your property in the future.

What does Title Insurance Not Cover? 
Possible exclusions may include:

  • Known title defects (that were revealed to you before you purchased your property)
  • Environmental hazards (e.g., soil contamination)
  • Native land claims
  • Problems that would only be discovered by a new survey or inspection of your property
  • Matters that are not listed in public records (e.g., unrecorded liens and encroachments)
  • Zoning bylaw violations from changes, renovations or additions to your property or land that you are responsible for creating
  • Non title related issues.

Speak to your lawyer to find out more about the cost and to determine if purchasing title insurance is the right decision for you.


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