WHAT IS A TITLE SEARCH?
WHAT IS A TITLE SEARCH?
There isn’t any real estate lawyer in Ontario that won’t close a on a home without performing a title search. A title search is performed by the real estate lawyer or a conveyancer who specializes in the area.
Essentially, a title search will be ensuring that the property is free from any liens, that the vendor (seller) actually owns the property. That there are no legal issues affecting the vendors ownership and usage of the property. A title search will ensure that the vendor’s purchase from any previous seller was legally compliant.
A title search also reveals what rights the local municipality may have with respect to your property or utility companies. For example, local municipalities have certain access rights to ensure drainage. A title search also reveals whether or not the property and the land it is situated on and its adjacent land and or lots are in legal compliance with the Planning Act of Ontario.
The above is just some of the issues a title search can reveal.
CAN I OPT TO NOT HAVE ONE?
There are some clients who seem to think they shouldn’t bother with a title search. Generally, a real estate lawyer in Ontario will not close on a property until they have performed a title search. The cost is quite nominal and well worth it.
WHY DOES IT MATTER IF WE HAVE TITLE INSURANCE?
Even though title insurance is meant to cover any defects that may arise. It is still very important to perform a title search. It may reveal serious defects to title that may cause for your clients to decide they don’t want the hassle associated with the property. Serious defects may also jeopardize title insurance. In these instances its not that the title insurance won’t cover the defect its that it could stall the process of submitting a claim.
IS THERE A REAL ESTATE LAWYER NEAR ME?
If you are buying a home or selling contact our office to speak with a real estate lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.
My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901
anytime for a free consultation