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Title Insurance in Canada: What It Covers, Costs & Do You Need It?

Updated

Title insurance protects you against problems with your property’s legal ownership that existed before you bought it — or in some cases, problems that arise after. It’s a one-time cost at closing that can save you from devastating financial losses. Here’s how it works, what it costs, and whether you should get it.

What title insurance covers

Risk What Could Happen Title Insurance Coverage
Title fraud/forgery Someone forges documents to sell or mortgage your home Covered — legal costs and losses to restore ownership
Existing liens or mortgages Previous owner had unpaid debts secured against the property Covered — insurer pays to resolve the lien
Encroachment issues Your structure (or neighbour’s) crosses the property line Covered — financial loss if you must remove the structure
Zoning violations Previous owner built without proper permits or against zoning Covered — costs to bring into compliance
Survey defects Property boundaries are different than represented Covered — financial loss from boundary disputes
Errors in public records Mistakes in land registry documents Covered
Missing heirs An heir of a previous owner claims ownership Covered
Easements not disclosed Utility right-of-way or neighbour access not shown on title Covered
Property tax arrears Previous owner had unpaid property taxes Covered
Building permit issues Work done without permits affecting property value Covered
Unpaid condo fees Previous condo owner had arrears that become a lien Covered

What title insurance does NOT cover

Risk Why Not Covered
Known defects you were told about before purchase You accepted them at purchase
Environmental contamination Separate coverage needed
Issues arising from your own actions You caused the problem
Normal property maintenance or deterioration Not a title defect
First Nations land claims (in some policies) Check your specific policy
Future zoning changes by the municipality Municipal powers, not a title defect
Problems you created after purchase (unauthorized renovations) Your responsibility

Title insurance cost

Property Value Approximate Premium
Under $500,000 $250–$350
$500,000–$1,000,000 $300–$450
Over $1,000,000 $400–$600
  • One-time payment at closing — no annual premiums
  • Coverage lasts as long as you own the property
  • Most lenders require at minimum a lender policy; an owner policy is additional
  • Combined lender + owner policies are typically $50–$100 more than a lender policy alone

Major title insurance providers in Canada

Provider Notes
FCT (First Canadian Title) Largest provider in Canada
Stewart Title International company with strong Canadian presence
Chicago Title Available through some law firms
TitlePLUS Offered through the Law Society of Ontario (lawyers’ insurer)

Your real estate lawyer typically arranges title insurance and recommends a provider.

Owner policy vs lender policy

Feature Lender Policy Owner Policy
Who it protects The lender only You, the homeowner
Required? Yes — almost all lenders require it No — optional but strongly recommended
Coverage amount Mortgage balance (declines as you pay down) Purchase price (stays constant)
Duration Until mortgage is paid off or discharged As long as you own the property
Cost Included in base premium ($250–$500) Additional $50–$150
Pays for your legal defence? No — only protects lender’s interest Yes — covers your legal costs
Fraud coverage for you? No — lender is made whole; you may still lose equity Yes — you are compensated

Why you should always get an owner policy: If someone registers a fraudulent mortgage against your property, the lender policy protects the bank — not you. Without an owner policy, you must pay your own lawyer to fight the fraud and restore your title. Legal fees alone can exceed $20,000 in complex title fraud cases.

When you need new title insurance

Event Lender Policy Needed? Owner Policy Needed?
Purchasing a home Yes (new policy) Recommended (new policy)
Refinancing with same lender Yes (new policy) No — existing policy remains valid
Refinancing with new lender Yes (new policy) No — existing policy remains valid
Renewing with same lender No — existing policy carries forward No
Switching lenders at renewal (no increase in amount) Yes (new policy; usually lender-paid) No
Adding a HELOC Some lenders require it No

At refinance, your legal fees typically include the cost of a new lender title insurance policy ($250–$400). This is built into the $800–$1,500 legal fee for refinancing.

Provincial differences

Title insurance rules and alternatives vary by province:

Province Key Differences
Ontario Title insurance is standard; most widely used province. TitlePLUS (Law Society insurer) available as alternative. Property surveys are rare unless buyer specifically requests one.
Alberta Uses the Real Property Report (RPR) + compliance letter as standard practice instead of title insurance. RPR is a surveyor document showing structures and boundaries ($500–$1,000). Title insurance is available as a faster, cheaper alternative.
BC Title insurance is common but not universal. Buyers can choose a survey instead. BC has a well-maintained Land Title and Survey Authority (LTSA) with electronic title management.
Quebec Title insurance is less common. Notaries conduct a title examination (search of historical records) as part of the closing process. Some lenders still require title insurance.
Saskatchewan, Manitoba Torrens land title system with strong government guarantee. Title insurance is still commonly purchased but the land title system provides some built-in protection.
Atlantic provinces Title insurance is standard practice, similar to Ontario.

Alberta RPR vs Title Insurance

Factor Real Property Report (RPR) Title Insurance
Cost $500–$1,000 (seller typically pays) $250–$500 (buyer pays)
What it shows Physical boundaries, structures, setbacks, encroachments Does not show physical boundaries
What it protects Nothing — it’s informational only Financial losses from title defects
Fraud protection No Yes
Timeline 4–6 weeks for a new RPR Available within days
Municipal compliance Requires a compliance letter from the municipality No municipal involvement
Common Alberta practice Seller provides RPR + compliance letter Used when RPR is unavailable or non-compliant

Title insurance providers compared

Provider Market Share Strengths Available Through
FCT (First Canadian Title) Largest in Canada Fastest processing; widest lawyer network; strong claims department Most law firms
Stewart Title Second-largest Strong commercial coverage; international backing Many law firms
Chicago Title Smaller presence Available for residential and commercial Select law firms
TitlePLUS Ontario-focused Backed by LAWPRO (lawyers’ insurer); covers some issues others don’t (e.g., fraud by your own lawyer) Ontario lawyers

All residential policies cover the same core risks. The main differences are in claims handling speed and niche coverage areas. Your lawyer will typically recommend a provider they work with regularly — this is fine in most cases.

Title insurance vs property survey

Many buyers wonder whether they need title insurance, a survey, or both.

Factor Title Insurance Property Survey
Cost $250–$500 (one-time) $1,500–$3,000+ (one-time)
What it does Insures against financial loss from title defects Physically maps property boundaries and structures
Boundary protection Compensates you financially if a boundary issue exists Shows you exactly where the boundaries are
Legal protection Covers legal fees to defend your title Does not cover legal costs
Fraud protection Yes No
Lien protection Yes No
Required by lender Usually yes (lender policy) Sometimes (as alternative to title insurance)
When it helps After a problem is discovered Before you build, fence, or resolve disputes

Most buyers get title insurance. It’s cheaper and covers more risks. A survey is valuable if you plan to build an addition, install a fence, or if the property has unusual boundaries.

Some situations warrant both:

  • Rural property with unclear boundaries
  • Property with recent additions or structures near the property line
  • Waterfront property where boundaries may shift

When title insurance is essential

Situation Why
No recent survey exists Title insurance covers boundary risks that a survey would reveal
Older home Greater chance of historical title issues, unpermitted work, or undisclosed easements
Condo purchase Covers unpaid common element fees, status certificate issues
Previous owner did renovations May not have obtained proper permits
Estate sale Title may have issues from the estate settlement process
Foreclosure or power of sale Higher risk of liens, tax arrears, or disputes

How to make a title insurance claim

  1. Discover the title defect — You’re served a notice, discover a lien, or learn of a boundary dispute
  2. Contact your title insurer — Use the contact information on your policy (your lawyer will have a copy)
  3. Provide documentation — The notice you received, your policy, and your purchase agreement
  4. Insurer investigates — They review the claim and determine coverage
  5. Resolution — The insurer either resolves the defect (pays off a lien, defends your title in court) or compensates you for the financial loss

Claims are relatively rare, but when they occur, the amounts can be large — $10,000 to $500,000+ for serious title fraud or boundary disputes.

Real claim examples

These are the types of claims title insurance resolves:

Scenario What Happened How Title Insurance Helped
Undisclosed lien Buyer purchased a condo; previous owner owed $12,000 in condo fees that became a lien on title Insurer paid $12,000 to clear the lien
Encroachment Buyer’s garage was 8 inches over the property line, discovered when neighbour demanded removal Insurer covered $35,000 cost to relocate the garage
Forgery/title fraud Fraudster transferred title of a vacant property and took out a $300,000 mortgage Insurer covered all legal fees and losses to restore original owner’s title
Survey defect Backyard fence was 3 feet inside the neighbour’s property; neighbour demanded it be moved Insurer paid $8,500 for fence relocation and survey
Unpermitted renovation Previous owner finished the basement without permits; municipality required it be brought to code Insurer covered $22,000 in remediation costs
Property tax arrears Estate sale; $6,800 in unpaid property taxes discovered after closing Insurer paid the tax arrears

How to buy title insurance

Step What Happens
1 Your real estate lawyer includes title insurance in your closing process
2 Lawyer recommends a provider (FCT, Stewart Title, etc.)
3 You choose lender-only policy (required) or lender + owner policy (recommended)
4 Lawyer orders the policy and provides your details to the insurer
5 Premium is included in your closing costs statement
6 Policy is issued at closing — you receive a copy

You don’t need to shop for title insurance yourself. Your lawyer handles it. However, you should specifically ask for an owner policy — some lawyers only arrange the lender policy by default unless you request owner coverage.

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