What is Title Insurance?

Title insurance is supposed to provide comprehensive insurance coverage for the certain of the title-related risks associated with home buying. Risks such as zoning issues, claims of mental incapacity, lack of an up-to-date survey and the legal services provided by your lawyer (i.e. title certification). It insures against such defects in title, which may occur from conflicting ownership claims, liens, undischarged mortgages, consents and the like. It will cover compliance and access issues i.e. work orders, permit violations, fences, boundaries, tenancies, rights of way, certain easements etc. It is supposed to be in force for as long as the purchaser or his/her heirs own the property. Title insurance will, purportedly, outlive the certification of your lawyer, whose insurance stops if he or she dies or stops practice.
OK, first of all title insurance provides an insurable title not necessarily a marketable one. What does this mean? It means that if something is wrong and a prospective purchaser will not accept a new title insurance policy at no cost, and provided the insurer does not go broke (this has happened in recent memory), the insurer will pay out in accordance with the policy or will, if possible, repair the defect. In the great scope of life I guess eventually it won’t matter what the title says if people are content to rely on insurance coverage. I sure wouldn’t be happy, but then again most people are very cost conscious and why pay for all the expensive parts of a full search if you can just buy a policy. Most, if not all, of the title insurance companies currently operating in the GTA are the same U.S. title insurers that dominate the market south of the border and have seen the possibilities and moved to Canada.
One of the big advantages to title insurance relates to older homes registered under the registry system, where a 40-year search to a good root of title and adjoining property search is still required (certain searches such as corporate status, escheat and in some instances zoning and executions can be eliminated with title insurance) and for certain new-home deals. In addition TitlePlus has made arrangements with certain builders to insure whole subdivisions. TitlePlus then took on as many of the certified user lawyers as wished to participate and set a low priced, title insurance deal with an all-in disbursement figure. All of the lawyers had to take a bunch of courses and go through a long, long, long seminar before we were able to get the software to be part of this.
Title insurance has its place, but I personally would only take the TitlePlus insurance offered through the Law Society of Upper Canada. Their loyalty and mandate is to protect the public and to govern lawyers. As a consumer, these two facts would certainly make me feel better.
In conclusion every lawyer has an obligation to make you aware of your title insurance options so you can choose which way you want to go. Think through your options carefully and choose wisely.














