Title Insurance

Understand how title insurance protects Canadian property buyers from legal defects, liens, and fraud after a real estate purchase.

Title Insurance
Escrow – Definition, Meaning, and Examples in Canadian Real Estate



What is Title Insurance?

Title insurance is a policy that protects property buyers and lenders against financial loss related to defects or issues with the legal ownership of a property.

Why Title Insurance Matters in Real Estate

In Canadian real estate, title insurance provides peace of mind by covering risks not always detectable through a title search. It protects against issues such as:

  • Undisclosed liens or encumbrances
  • Errors in public records or surveys
  • Title fraud or identity theft
  • Zoning or permit violations discovered after purchase
There are two main types:
  • Owner’s policy: protects the buyer’s interest in the property
  • Lender’s policy: protects the mortgage lender’s interest

Title insurance is often a one-time premium paid at closing. It complements, but does not replace, a thorough legal review and title search conducted by a real estate lawyer.

Understanding title insurance ensures that buyers are protected from unforeseen legal claims or defects that may threaten their ownership rights.

Example of Title Insurance

After closing, a buyer discovers a previously registered construction lien. Their title insurance covers the legal costs and settlement to clear the issue.

Key Takeaways

  • Protects against ownership-related risks.
  • Covers fraud, liens, and clerical errors.
  • Available for buyers and lenders.
  • One-time cost added at closing.
  • Complements lawyer due diligence.

Related Terms

  • Title Search
  • Lien
  • Encumbrance
  • Legal Liability
  • Real Estate Lawyer

Additional Terms

Recourse Loan

A recourse loan is a type of loan where the lender can pursue the borrower’s personal assets, beyond the collateral, in the event of default.. more

Pari Passu

A pari passu clause is a contractual provision ensuring that multiple creditors share equally in repayment priority from the borrower’s assets.. more

Non-Recourse Loan

A non-recourse loan is a type of loan where the lender’s only remedy in case of default is to seize the collateral property; the borrower is not. more

Net Operating Income

Net operating income (NOI) is the total income generated by a property after operating expenses are deducted but before taxes and financing costs.. more

Mechanic's Lien

A mechanic’s lien is a legal claim by a contractor, subcontractor, or supplier for unpaid work or materials provided for a property.. more

Lis Pendens

Lis pendens is a legal notice filed in the land registry indicating that a property is subject to ongoing litigation that may affect its title.. more

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