Glossary
Title Search
A title search is a review of the public land registry that confirms property ownership and reveals registered claims such as liens, charges, and easements..
A title search is a review of the public land registry that confirms who legally owns a property and reveals any claims, charges, or restrictions registered against it. In Canada, land records are maintained by provincial and territorial registries, so the search is run in the jurisdiction where the property sits, typically by a real estate lawyer, notary, or title company before closing.
What a Title Search Reveals
The search pulls the parcel's registered history and current entries. Typical findings include:
- Ownership — the registered owner's name, and whether the property is held as joint tenancy or tenancy in common.
- Charges and mortgages — existing lender registrations that must be discharged or assumed on closing.
- Liens and executions — construction liens, unpaid property tax, or court judgments registered against the owner.
- Easements, covenants, and rights of way — rights granted to utility companies, neighbours, or municipalities.
- Caveats and notices — claims by third parties, such as a spouse or a contractor.
Some provinces operate a land titles system, where the register is generally treated as conclusive, while others still use a registry system that requires a deeper chain-of-title review. The steps and the time required vary by province.
Why It Matters to a Borrower
Mortgage lenders will not advance funds against a property unless they can register a valid first charge and confirm clear title. A search that turns up an unexpected lien or encumbrance can delay closing, reduce the amount a lender will advance, or require the seller to clear the issue before funds are released. For a buyer, it is the main protection against paying for a property with debts or restrictions attached to it.
Title Search vs. Title Insurance
The two are related but not the same. A title search is an investigation; title insurance is a policy that can cover certain losses from defects a search may miss, such as fraud or undocumented claims. Many lenders accept title insurance in place of a traditional solicitor's opinion on title, and some require it. Costs vary by province and provider, so confirm the current approach with your lawyer or notary and review closing costs before you firm up an offer.
Frequently asked questions
How long does a title search take in Canada?
Timing depends on the province and whether the registry is fully electronic. In many areas a basic search can be completed within a few business days, while older registry-system properties may need a longer chain-of-title review. Your lawyer or notary usually orders the search after the offer is accepted and well before closing day.
Does a title search show if there is a mortgage on the property?
Yes. Registered charges, including the seller's existing mortgage, appear on title. On closing, the seller's lender typically provides a discharge or payout statement so the old charge can be removed, and your lender's new charge is then registered. Confirm the discharge timeline with your lawyer, since paperwork can lag behind closing.
Can a title search be done before making an offer?
It can be, though it is more common after an accepted offer, often as part of a condition on financing or title. A search before an offer tells you what claims are registered, but it does not replace a professional opinion on title or a title insurance policy.
Sources
Related terms
- Title Insurance — Title insurance protects a homeowner or lender against losses from defects in a property's legal title that a records search may not reveal.
- Title — Title is the legal ownership of a property, recorded in the provincial land registry that identifies the owner and any registered claims against the land.
- Encumbrance — An encumbrance is a registered claim or right affecting a property — such as an easement, lien, caveat, or mortgage charge — that binds the land itself.
- Lien — A registered claim against a property that secures a debt, giving a creditor a legal interest in the property until the debt is repaid.
- Property Survey — A property survey is a land surveyor's plan showing a property's boundaries, lot dimensions, building locations, and any encroachments or easements.