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Title Insurance in Canada: Coverage, Cost, Policies and Claims

Updated

Title insurance covers you, your lender or both against losses from problems with the legal ownership of a property: a lien left by the previous owner, a structure over the property line, a forged transfer or an error in the land registry. You pay a single premium on closing, usually through your lawyer, and there are no renewals. It’s one of the smaller closing costs of buying a home, and this guide covers how it works from coverage to claims.

What title insurance is

FeatureDetails
What it insuresThe legal title (ownership) of the property, not its physical condition
PremiumOne payment on closing, commonly $250 to $500 for a home
Ongoing costNone
How long it lastsAn owner policy, as long as you own the property; a lender policy, as long as the mortgage it covers
Who sells itTitle insurers such as FCT, Stewart Title, Chicago Title and TitlePLUS
How you buy itYour real estate lawyer or notary orders it as part of the closing

Owner policy vs lender policy

FeatureLender policyOwner policy
ProtectsThe lender’s interest in the propertyYou, the owner
Required?Most lenders require oneOptional
Coverage amountThe mortgage balanceThe purchase price
LastsUntil the mortgage is paid off or dischargedAs long as you own the property
CostIncluded in the base premiumOften a modest addition to the lender policy
Pays your legal costs?No, it covers only the lender’s interestYes, for a covered claim

The difference shows when something goes wrong. If a fraudster registers a mortgage against your home, a lender-only policy makes the lender whole, but you’re left to pay your own lawyer to restore the title. An owner policy covers your loss and your legal costs for a covered claim. Steps that make that kind of fraud harder in the first place are in home title fraud protection.

ScenarioLender policy onlyOwner and lender policies
Title fraud discoveredThe lender is covered; you are notBoth of you are covered
A structure must be removed for an encroachmentThe lender’s security is protected; you pay the costThe policy covers your cost
An old lien surfaces after closingThe lender keeps its priority; you deal with the lienThe policy pays to clear the lien

What title insurance covers

RiskExample
Title fraud and forgerySomeone forges your signature to sell or mortgage your home
Existing liensThe previous owner left a contractor’s lien, a tax lien or an unpaid mortgage
EncroachmentsYour deck or garage crosses onto the neighbour’s land, or theirs onto yours
Work without permitsThe previous owner finished the basement without a permit and the municipality orders it fixed
Zoning problems that existed at closingThe property’s use breaks the zoning in place when you bought
Survey and boundary defectsThe boundaries differ from what was represented
Errors in public recordsA mistake in the land registry
Undisclosed easementsA utility right-of-way across the yard that wasn’t on title
Property tax arrearsThe previous owner’s unpaid taxes become a charge on the property
Municipal work ordersAn outstanding order, such as a sidewalk repair, issued before you bought
Condo arrears and status certificate errorsUnpaid fees from the previous owner, or a status certificate that misstated fees or special assessments
The registration gapProblems that arise between closing and registration of the transfer

What it doesn’t cover

Not coveredWhy
Defects you knew about before buyingYou accepted them when you bought
Environmental contaminationNeeds separate environmental coverage
The physical condition of the homeThat’s what a home inspection is for
Zoning changes after you buyOnly problems that existed at closing are covered
New-home construction defectsCovered by the provincial new home warranty, where one applies
Problems you cause, such as your own unpermitted workNot a title defect
Indigenous land claimsExcluded in many policies; check yours

What it costs

The premium depends on the property’s value and type and on whether you add an owner policy. Rough ranges:

PropertyLender and owner policies together
Condo, around $400,000About $250 to $400
House, around $600,000About $325 to $475
Property around $1,000,000About $400 to $625
Refinance (lender policy only)About $250 to $400

Title insurance is one line on the closing statement; the closing cost calculator includes an allowance for it with the other costs.

Provincial differences

ProvinceHow title insurance fits in
OntarioTitle insurance is the usual practice, and buyers rarely get a new survey. TitlePLUS, from the lawyers’ insurer LAWPRO, is one of the options.
AlbertaSellers usually provide a real property report (RPR) with a municipal compliance letter; title insurance is used when no current RPR is available or alongside it (see below).
British ColumbiaTitle insurance is common but not universal; the Land Title and Survey Authority keeps the title register.
QuebecThe notary examines the title as part of the closing, so title insurance is less common, though some lenders require it.
Saskatchewan and ManitobaLand titles systems with a government guarantee of title give some built-in protection; title insurance is still commonly bought.
Atlantic provincesTitle insurance is common practice.

Alberta: real property report vs title insurance

FactorReal property report (RPR)Title insurance
What it isA land surveyor’s plan of the boundaries, buildings and setbacksAn insurance policy on the title
Who usually paysThe sellerThe buyer
What it protectsNothing on its own; it’s informationFinancial losses from covered title defects
Fraud protectionNoYes
TimingA new RPR can take weeksUsually available within days
Municipal compliancePaired with a compliance letter from the municipalityNo municipal step
When it’s usedThe usual seller document in an Alberta saleWhen the RPR is missing, out of date or not compliant

Title insurance vs a survey

FactorTitle insuranceSurvey or RPR
What you getFinancial protection against title defectsA map of the boundaries and structures
Finds encroachments?No, but covers the loss from oneYes, it shows where they are
Fraud and lien protectionYesNo
Lender acceptanceMost lenders accept a lender policySome lenders accept one instead of title insurance
Useful before building a fence or additionNoYes
Protection over timeYes, while you own the propertyNo, it shows the property on the day it was surveyed

Many buyers get title insurance alone. A survey adds information that insurance doesn’t: for a rural property with unclear boundaries, a lot where you plan to build near the property line, or waterfront land, some buyers get both.

When a policy matters most

SituationWhy
No recent surveyTitle insurance covers boundary problems a survey would have shown
An older homeMore time for unpermitted work, old liens or unregistered easements
A condoUnpaid common expenses and status certificate errors
Renovations by the previous ownerPermits may not have been obtained
An estate sale or power of saleA higher chance of liens, tax arrears or disputes

Title insurance providers

ProviderNotesAvailable through
FCT (First Canadian Title)A national title insurer with a wide lawyer networkMost law firms
Stewart TitlePart of an international title insurance group; residential and commercialMany law firms
Chicago TitlePart of Fidelity National Financial; residential and commercialSome law firms
TitlePLUSOffered by LAWPRO, the Ontario lawyers’ professional liability insurer; covers some legal-service risks the others don’tParticipating lawyers

All residential policies cover the same core risks; they differ in claims handling and in extras such as coverage for a lawyer’s error. Your lawyer usually recommends an insurer they work with, and you can ask for an owner policy if only a lender policy has been arranged.

Making a claim

  1. Find the problem. You receive a notice, find a lien, or a neighbour disputes a boundary.
  2. Contact the insurer using the details on your policy (your lawyer also has a copy).
  3. Send the documents: the notice, your policy and your purchase agreement.
  4. The insurer investigates and decides whether the claim is covered.
  5. Resolution. The insurer fixes the defect (pays off a lien, defends your title in court) or pays you for the loss.
StageTypical time
Claims adjuster assignedA few business days
InvestigationSeveral weeks
ResolutionOne to six months, depending on complexity
Title fraud claimsOften longer, because the title has to be restored through the courts or the land registry

Common claims

ClaimWhat happensTypical resolution
The previous owner’s contractor files a lienA lien appears on title after closingThe insurer pays to discharge it
A neighbour says your fence is on their landA boundary disputeThe insurer pays the legal costs and, if the fence must move, the cost of moving it
The municipality finds an unpermitted renovationAn order to bring it to code or remove itThe insurer covers the cost of compliance
A forged transfer is registeredYour title is taken or mortgaged without your consentThe insurer pays to restore your title and covers your losses
Property tax arrears surfaceThe previous owner’s taxes become a chargeThe insurer pays the arrears

Refinancing, renewing and inheriting

EventNew lender policy?New owner policy?
Refinancing with the same or a new lenderUsually yesNo, the existing one stays in force
Renewing with the same lenderNoNo
Switching lenders at renewal with no increaseYes, often paid by the new lenderNo
Adding a HELOCSome lenders require oneNo
Inheriting the propertyDepends on the policySome owner policies extend to heirs; check yours

Mortgage fraud, where a loan is taken out against a property by deception, is covered in mortgage fraud in Canada.

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