Toronto Title Search Lawyer
Title Search in Ontario: What Every Property Buyer Should Know
A title search is one of the most important steps in any real estate transaction. Before you purchase a property, your lawyer searches Ontario’s Land Registry System to verify the seller’s ownership and identify any encumbrances, liens, easements, or other issues that could affect your ownership rights. This search reveals information about existing mortgages that need to be discharged, unpaid property taxes, outstanding work orders from the municipality, rights of way or easements affecting the property, restrictive covenants that limit what you can do with the property, and any pending legal actions or judgments against the seller.
Without a thorough title search, you could inherit these problems after closing. For example, if there is an undisclosed easement granting a neighbour access across your driveway, or an outstanding work order from the city requiring expensive repairs, you become responsible for resolving these issues once you take ownership. At Sarkaria Sethi LLP, we conduct comprehensive title searches for every property transaction we handle, ensuring you know exactly what you are buying before you commit.
Our Title Search Process
Step 1: Initial Search
We conduct a preliminary title search early in the transaction process. This identifies the current registered owner, any existing encumbrances, and potential issues that need to be addressed before closing.
Step 2: Review and Analysis
We review every entry on title and explain what it means for your ownership. Some entries, like utility easements, are standard and do not affect your use of the property. Others, like restrictive covenants or pending legal actions, may require further investigation or negotiation.
Step 3: Resolution
If the title search reveals issues, we work to resolve them before closing. This may involve negotiating with the seller to clear a lien, obtaining title insurance to cover specific risks, or adjusting the purchase price to account for the issue.
Frequently Asked Questions
How long does a title search take?
A standard title search takes one to two business days. If the property has a complex ownership history or has been involved in multiple previous transactions, it may take longer. We conduct the search early in the process to allow time to resolve any issues before the closing date.
What if the search reveals a problem?
If an issue is discovered, we discuss the options with you. Depending on the nature of the problem, we may require the seller to resolve it before closing, negotiate a price adjustment, or obtain title insurance to cover the specific risk.
Do I need a title search if I am buying a condo?
Yes. Condo purchases still require a title search to confirm the seller’s ownership and identify any encumbrances on the unit or the condo corporation’s interest in the common elements.
Get a Free Legal Consultation
Contact Sarkaria Sethi LLP at 905-440-1220 or reach out online. We serve clients in English, Hindi, and Punjabi.
Legal Information, Not Legal Advice. This page provides general information about real estate legal services in Ontario. Every real estate transaction is unique, and you should consult with a qualified real estate lawyer about your specific situation before taking any action.