Glossary

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..

Title is the legal ownership of a property, as recorded in the provincial land registry — the public record that identifies who owns the land and what interests are registered against it. Land is registered provincially in Canada, so the registry and the forms differ by province, but the concept is the same nationwide.

What appears on title

Title records more than a name. The registry holds the transfer or deed that moved ownership, along with every registered interest that runs with the land. Typical entries include:

  • The registered owner or owners, and the form of ownership (joint tenancy or tenancy in common).
  • The mortgage charge a lender registers as security for the loan.
  • Encumbrances such as easements, rights-of-way, restrictive covenants, and liens.

When a mortgage is paid out, the lender files a discharge and the charge is removed from title. Until then, the charge stays on the record and affects what the owner can do with the property.

Why title matters to a borrower

No lender advances funds without confirming that the seller can convey clear title and that the borrower will hold it. Before closing, a title search examines the registry and identifies any claims that must be cleared. Problems — a mortgage from a previous owner that was never discharged, an unregistered easement, a contractor's lien — can delay or derail a closing.

Title also decides who may deal with the property: only the registered owner can mortgage, sell, or transfer it. That is why lenders verify identity and why fraud prevention matters.

Protecting title and paying for it

Most buyers purchase title insurance at closing. It is a one-time premium rather than an ongoing monthly cost, and it can cover certain title defects and fraud-related losses, subject to the policy terms. Government registration fees and land transfer tax (called property transfer tax in some provinces) are also triggered when title changes hands, so buyers should budget for them alongside other closing costs.

If two people buy together, how they take title changes what happens later. Joint tenants have a right of survivorship; tenants in common hold separate shares that can be left to someone else in a will. Because the consequences differ, buyers should confirm the wording before signing.

Frequently asked questions

What is the difference between title and a deed?

A deed is the document that transfers ownership from one party to another. Title is the ownership interest itself and the registry entry that records it. You receive a deed at closing; title is what the deed conveys and what the provincial land registry then shows in your name.

How can I find out who owns a property in Canada?

Land ownership is registered provincially, so you search the land registry for the province where the property sits. Many provinces offer online searches for a fee. A title search shows the registered owner plus any charges, liens, or encumbrances registered against the property.

Does a mortgage appear on title?

In most provinces the lender registers a charge or mortgage against title as security for the loan. That charge stays on title until the mortgage is repaid and the lender files a discharge. Anyone who searches title will see the lender's registered interest.

Sources

  1. Ontario — Land registration system
  2. CMHC — Home buying
  3. FCAC — Buying a home

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