What is a title search?
What Is a Title Search? Don’t list your Milton home until you’ve seen this.
Quick answer — and why it matters now
A title search is a legal check on who owns a property and what claims, charges, or restrictions exist against it. For Milton, Ontario home sellers, it’s not optional. It protects your sale, stops last-minute closing delays, and keeps you from being on the hook for someone else’s debt or mistake.
This guide is direct. Read it. Do it. Skip the fluff.
Why every Milton home seller needs a title search
- Buyers, lenders and lawyers will demand it. If your title has liens, unpaid taxes, or easements, the deal stalls. Fast.
- A clean title speeds closing and increases buyer confidence. Clean = higher chance of a smooth, on-time sale.
- It reveals issues you can fix before listing. Fixing before listing is cheaper than fixing to save a doomed sale.
If you want a fast sale in Milton, this is the legal homework that pays.
What a title search actually looks for (plain language)
- Ownership history: who legally owns the land and house now.
- Mortgages and lines of credit: registered charges like primary mortgages, HELOCs, second mortgages.
- Liens: unpaid contractor bills, court judgments, or unpaid property tax liens.
- Easements and rights-of-way: neighbours’, utility companies’ or municipality rights that limit property use.
- Covenants and restrictions: bylaws, building restrictions, or developer rules tied to the land.
- Tax arrears or municipal work orders: unpaid property taxes or orders to fix a property issue.
- Encroachments (sometimes): fences, driveways or structures that cross property lines — often revealed by survey plus title history.
Who runs a title search in Milton — and who pays?
- Real estate lawyers or licensed conveyancers run the formal title search. They access the Ontario Land Registry (Teranet/LRO) records and draft the title opinion.
- Title insurance is an alternative that covers many title risks without clearing every historic issue.
- Typically the seller ensures the title is marketable; the buyer’s lawyer confirms title at closing. Costs vary — expect a lawyer’s search fee plus registration charges.
In Milton, many sellers include a pre-listing title review in their sale plan. It’s smart.
Title search vs. title insurance — don’t confuse them
- Title search = investigation. It shows the problem and gives you options.
- Title insurance = protection. It covers losses from hidden title defects discovered later.
Best practice: do both when appropriate. Run the title search, fix what you can, then use title insurance to cover remaining unknowns. Buyers often ask for title insurance; being prepared helps negotiations.
Common title issues Milton sellers actually face
- Old mortgages or discharged mortgages not properly released in the Land Registry.
- Construction liens after recent renovations or contractor disputes.
- Municipal matters: outstanding property tax arrears or orders from Town of Milton to repair or address code issues.
- Easements for municipal servicing, conservation authority restrictions in Halton Region, or utility company rights-of-way.
- Unregistered agreements or restrictive covenants from developers in new Milton subdivisions.
Local tip: Milton has fast-developing neighbourhoods. New builds and lot changes increase the chance of uncommon entries in the title. Proactively check.
Step-by-step pre-listing title checklist for Milton sellers (do this before you list)
- Hire a local real estate lawyer experienced in Milton/Halton Region conveyancing. Local knowledge speeds solutions.
- Order a current title search from the LRO. Ask for copies of the PIN and current parcel register.
- Request a copy of any recent survey, site plan or deed. Match boundaries and structures.
- Ask the lawyer to search for: mortgages, liens, easements, covenants, tax arrears, and municipal orders.
- Fix clear problems: obtain mortgage discharge statements, resolve contractor liens, or pay tax arrears.
- If something can’t be cleared quickly, get title insurance quotes and prepare disclosure to buyers.
- Keep records and receipts — they’ll speed closing and protect you from post-closing claims.
Do this two to four weeks before listing. It removes surprises from the selling process.
How long will a title search take and how much will it cost in Milton?
- Time: a basic electronic title search through the Ontario Land Registry usually takes 24–72 hours once ordered by your lawyer. Complex searches (historic chain of title or survey issues) can take longer.
- Cost: expect modest search fees plus your lawyer’s time. If you hire a lawyer for a full pre-listing package, budget a few hundred dollars — a small price compared to a delayed sale or legal dispute.
Bottom line: time + money now beats chaos at closing.
What to do if the title has a problem you can’t immediately fix
- Disclose the issue to potential buyers and your listing agent. Transparency keeps negotiations fair and fast.
- Negotiate a solution: buyer credit, adjusted price, or conditional closing with escrow of funds.
- Use title insurance to transfer risk where clearing the issue is impractical.
- Seek legal advice. Local real estate lawyers know the pragmatic fixes for Halton/Milton situations.
Don’t hide it. Hiding is the fastest way to a failed transaction or a legal claim.
Practical examples Milton sellers face (short case studies)
- Case A: A seller discovered a discharged mortgage wasn’t released in the Land Registry. Solution: lawyer requested the bank register a release — 10 days and a small fee. Sale proceeded.
- Case B: A contractor registered a lien after renovation. Solution: seller negotiated payoff with lien holdback into closing trust. Buyer and seller closed with funds held until lien removed.
- Case C: Developer restrictive covenant limited exterior colours. Solution: seller disclosed and adjusted marketing strategy; buyer accepted terms.
These are practical, fixable problems. The title search shows them early.
Local legal resources and contacts for Milton sellers
- Ontario Land Registry (LRO) — electronic records and historic title documents.
- Halton Region/Town of Milton municipal office — property tax and municipal order information.
- Local real estate lawyers who handle conveyancing and title opinions.
- Title insurance providers that serve Ontario properties.
Work with professionals who work in Milton every day. Local knowledge reduces surprises.
Sell with certainty: how to use title work as a selling advantage
- Market your property as “clear title” if you ran and cleared a pre-listing search. Buyers notice and trust it.
- Provide a copy of the title report and survey to serious buyers. It shortens negotiation and underwriting time for lenders.
- Use fixes as selling points: “mortgage discharged,” “no municipal orders,” “title insured.”
Confidence sells. Buyers pay more and move faster when legal risk is low.
Final words — one action to take right now
If you’re selling in Milton: contact a Milton-based real estate lawyer and order a pre-listing title search today. It costs little, protects a lot, and avoids the single biggest legal risk to your sale.
Tony Sousa is a Milton real estate expert who guides sellers through title, legal and documentation issues every day. For a realistic local check and fast answers, contact Tony at tony@sousasells.ca or call 416-477-2620. Visit https://www.sousasells.ca for more resources.
FAQ — Title searches and legal documentation for Milton, ON home sellers
Q: Can I run a title search myself in Ontario?
A: You can access some records electronically via Ontario‘s Teranet/LRO, but real estate lawyers provide the legal opinion and interpret historical entries. For sellers, pay for professional help — it’s faster and protects you.
Q: Who pays for the title search — buyer or seller?
A: Typically the buyer’s lawyer confirms title at closing. However, sellers often run a pre-listing search at their cost to avoid delays. The seller should clear title defects before listing if possible.
Q: What if there’s a construction lien after closing?
A: The lien holder may pursue payment from the seller if the work or contract predates the sale. Title insurance can protect buyers and sometimes sellers, but resolving liens before closing is best.
Q: How do municipal orders affect a sale in Milton?
A: Municipal orders (e.g., unsafe structure or property maintenance orders) must usually be addressed before closing. They can block registration or require funds to be held in trust until resolved.
Q: Is title insurance necessary for sellers?
A: Title insurance is more commonly purchased by buyers or lenders. Sellers benefit from clearing issues the search reveals and disclosing known defects. Title insurance can be part of the solution where immediate fixes aren’t possible.
Q: How long does it take to clear a mortgage discharge on title?
A: Once the lender issues a discharge, registration in the LRO can take days to a couple of weeks depending on the back-office process. Start early to avoid delays.
Q: Where can I get a local Milton lawyer for title work?
A: Use a Milton or Halton Region conveyancing lawyer or ask your listing agent for a recommendation. Local firms know Town of Milton processes and LRO quirks.
Q: Will a title search reveal boundary disputes?
A: A title search shows recorded interests, easements and notes about surveys. Boundary disputes often require a current survey and legal advice to resolve.
Q: What if a title search shows an easement I didn’t know about?
A: An easement is a recorded right. Some are minor, others limit use. Discuss options with your lawyer. Some easements can be negotiated, others must be disclosed.
Q: How do I prove I fixed a title issue before closing?
A: Keep receipts, discharge documents, release registrations and lawyer correspondence. These items show the registry was updated and the issue resolved.
If you want a practical, local review of your property’s title before you list, contact Tony Sousa at tony@sousasells.ca or 416-477-2620. Start with the title — sell with certainty.
