Updated: February 2026

Written by the Keith and Françoise Real Estate Team, Ontario Realtors®, advising buyers across the Greater Toronto Area and Niagara Region.

Key Takeaway

A title search is one of the most important protections buyers have in an Ontario purchase. Your lawyer reviews the property’s legal status, registered interests, and potential issues that could affect ownership, financing, or future use.

What a title search is in an Ontario real estate purchase

A title search is a legal review of the property’s recorded history and current registrations. It is completed by the buyer’s lawyer as part of closing preparation. The goal is to confirm the seller can transfer good title and to identify any registrations that could affect your ownership or intended use.

This page supports our broader buyer education hub. For the full buying roadmap, see Buying a Home in Ontario.

What lawyers are checking during a title search

Title searches are not generic. The lawyer is looking for issues that can affect legal ownership, financing, and future saleability. Common checks include:

  • Registered ownership to confirm the seller has the legal right to sell
  • Mortgages and liens that must be paid out or discharged
  • Easements and rights-of-way that can affect how land can be used
  • Restrictive covenants that can limit building, additions, or certain uses
  • Encroachments where structures may be over a boundary line
  • Execution searches tied to the seller that may affect registration

In Ontario, the title search is one reason closing day is rarely “instant.” The legal work is largely completed before the final date. For what buyers should expect on completion day, see Closing Day in the GTA: What Buyers Should Expect.

Why a title search matters even when the home looks perfect

A home can show well and still carry legal or registration issues that are not obvious during showings. Title issues can affect:

  • Whether your lender will fund the purchase
  • Whether the seller can close on time
  • Whether you can use the property the way you intend
  • Whether you can sell smoothly later

This is also why financing and legal preparation should be treated as connected decisions. If you are still early in the process, see Mortgage Financing Simplified for Ontario Homebuyers.

Common title issues that show up in Ontario transactions

Not every title issue ends a deal, but buyers should understand what can arise. Examples include:

  • Unreleased mortgages from prior owners that must be discharged
  • Construction liens that require legal resolution before closing
  • Easements for utilities, shared driveways, or access routes
  • Boundary concerns or encroachments involving fences, sheds, or decks
  • Restrictions that limit additions, severances, or certain land uses

In many cases, the solution is straightforward, but it requires time. This is one reason offer conditions and timelines matter. If you want the broader framework, see Offer Conditions in Ontario.

Title insurance in Ontario and how it relates to title searches

Title insurance and title searches are related, but they are not the same thing. A title search is the lawyer’s investigation and legal due diligence. Title insurance is a policy that may protect against certain losses relating to title defects, fraud, or survey issues, depending on policy terms and exclusions.

See Government of Canada guidance on typical closing costs, including title insurance: Canada.ca – Home Buying Costs .

How title searches affect timelines and closing expectations

Title searches are one reason buyers should avoid assuming keys will be available early on closing day. The legal sequence is funding, registration, and confirmation. In high-volume GTA markets, this often completes later in the day.

For a full explanation of the day-of timing and key release sequence, review Closing Day in the GTA.

Why this matters in real Ontario purchases

Context from real transactions

Title issues rarely show up as obvious “red flags” during showings. They usually appear as paperwork problems that affect closing timing, lender approval, or future use of the property. Buyers who understand the purpose of the title search tend to plan conditions and timelines more realistically.

In our work with buyers across the GTA and Niagara Region, the smoothest closings typically involve early financing preparation and enough time for legal due diligence to do its job.

Frequently Asked Questions

What is a title search in Ontario real estate?

A title search confirms legal ownership of the property and identifies issues such as liens, unpaid taxes, easements, or restrictions that could affect your ability to take clear title.

What does a lawyer look for in a title search?

Lawyers typically check registered ownership, mortgages, liens, easements, restrictive covenants, encroachments, and other registrations that could affect the buyer’s legal rights.

Can a title issue delay closing?

Yes. Some title issues require time to resolve, including discharging old mortgages, addressing liens, or clarifying registered rights that affect the property.

Do lenders require a title search before releasing mortgage funds?

Yes. Lenders rely on clear or insurable title before advancing funds.

Is title insurance the same as a title search?

No. A title search is legal due diligence completed by the lawyer. Title insurance is a policy that may protect against certain losses related to title defects or fraud, depending on the policy terms.

Do buyers still need a title search if they have title insurance?

Yes. Title insurance does not replace the legal due diligence of a title search. Your lawyer still needs to confirm the legal status of the property before closing.

What are common title problems in Ontario?

Common issues include unreleased mortgages, construction liens, easements, restrictive covenants, boundary concerns, and encroachments that can affect ownership or future use.

Protect Your Purchase Before Closing

Title searches, timelines, and conditions work together. We help buyers across the GTA and Niagara Region understand how legal due diligence fits into the offer and closing process so there are fewer surprises later.

Review Title Search Rules
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