Can I review the title before closing?
Can I review the title before closing? Yes — and here’s why you must do it before you move.
Quick answer: You can — and you should
Short version: yes. Sellers can and should review the title and related closing documents before closing. Reviewing early uncovers mortgages, liens, easements, and errors that can delay or derail your sale. If you’re selling a home in Georgetown, Ontario, doing this early saves time, money, and stress when you’re packing boxes and booking movers.
This post tells you exactly what to check, who to talk to, and how to fix issues fast — with plain language, local context, and a step-by-step checklist you can use today.
Why title review matters for Georgetown home sellers
When you sell, buyers and lenders will verify the property title. They expect a clean title at closing. Anything registered against your title — mortgages, builder’s liens, property tax arrears, or unexpected easements — must be cleared or disclosed. In Halton Hills (Georgetown), municipal taxes, utility charges, and local encumbrances can show up on title searches.
If a problem appears at the last minute, closing stalls. That means rescheduling movers, extra legal fees, and buyers who lose confidence. A pre-closing title review avoids these headaches.
Who handles the title review?
- Your lawyer (or notary) is the primary person who will review title documents for you. They run title searches, prepare the deed/transfer, and handle mortgage discharges.
- The buyer’s lawyer reviews the buyer’s side, but they don’t work for you.
- You can also request a title search through your lawyer or order title insurance. Title insurance covers many title defects that pop up after closing.
Bottom line: rely on your lawyer for legal review, but understand the documents so you can act quickly.
What a title review actually includes
A solid title review checks for:
- Registered mortgages and the exact payoff amounts
- Liens (e.g., construction or court liens)
- Easements and rights-of-way (utility easements, shared driveways)
- Property tax arrears or municipal charges
- Legal description errors and lot boundary issues
- Previous transfers or ownership disputes
- Any outstanding court orders or judgments tied to the property
Your lawyer will run a title search with the Land Titles system (through Teranet) and pull historical registrations.
Local legal nuances to know in Georgetown, ON
- Land Titles vs. Registry: Most properties in Halton Hills fall under the Land Titles system (Torrens system), which provides a more guaranteed record of ownership. Your lawyer will confirm which system applies.
- Municipal charges: Halton Region and the Town of Halton Hills sometimes place local charges or work orders on properties that can appear on title. Confirm there are no outstanding bylaw charges or property standards orders.
- Utility and conservation authorities: If your property touches protected lands, watercourses, or has conservation-related conditions, those may show up as restrictions or notices. Check local conservation or municipal records if applicable.
- Condo vs. freehold: If you’re selling a condo in Georgetown, the buyer will request a status certificate. Make sure condo fees, work orders, or parking disputes are disclosed and resolved.
If any of these apply, your lawyer will advise the best fix. Don’t try to guess — consult them.
How to review the title step-by-step (a seller’s checklist)
- Hire or confirm your real estate lawyer early (at listing or when an offer is firm).
- Ask your lawyer to run a preliminary title search immediately after you accept an offer.
- Request a copy of the title abstract and a plain-language summary from your lawyer.
- Verify mortgage payoff amounts and request discharge statements from your lender (get them 2–4 weeks before closing).
- Check for liens or builders’ liens. If you did renovations, confirm contractors filed final waivers.
- Look for any municipal charges or work orders; contact the Town of Halton Hills if you need confirmation.
- Confirm property tax account and pro-rated amounts for closing; get last tax bill and payment history.
- If applicable, order or review the condo status certificate well before closing.
- Ask about title insurance as a backup to protect against unknown defects.
- Review the closing statement (statement of adjustments) the week before closing and raise questions right away.
Do these steps at least two weeks before closing. The earlier the better.
Common title issues sellers face — and how to fix them fast
- Mortgages with penalties or delayed discharge letters: Contact your lender for a formal payoff quote and a written discharge date. Payoffs often require 10–14 days to process.
- Builder’s liens from renovations: Get confirmations from contractors that invoices are paid, or have your lawyer obtain lien withdrawals. If a lien exists, resolve it before closing.
- Property tax arrears or municipal work orders: Pay outstanding amounts or arrange to have them cleared by the municipality. Your lawyer can request municipal statements.
- Easements you didn’t know about: Determine if the easement prevents sale or simply restricts use. Many easements don’t block sales but must be disclosed.
- Name or legal description errors: Your lawyer will correct registrations or provide affidavits to clear clerical mistakes. This can take a few days to weeks depending on complexity.
Title insurance — yes or no?
Title insurance is common in Ontario. It protects against historical title defects, fraud, and certain unknown issues that a title search may not catch. Buyers often purchase it. As a seller, you can discuss owner’s title insurance with your lawyer to limit future liability.
Benefits:
- Fast protection against many defects
- Cheaper and quicker than fighting historical title claims
Limits:
- It doesn’t replace the need to fix current, known problems.
Moving and closing: coordinate to avoid penalties
- Don’t book movers until your lawyer confirms closing funds and registration timing.
- Plan for a 1–3 business day window around closing for registration delays. In Ontario, registration typically happens the day of closing but can be next business day if issues arise.
- Keep originals of keys, garage openers, and manuals for appliances. Leave any required certificates (e.g., water heater compliance) as agreed in the sale.
- Confirm final meter readings with hydro/water and provide the buyer with account numbers and confirmation of final bills.
Practical timeline example (seller in Georgetown)
- 30+ days before closing: Confirm lawyer, order preliminary title search, get mortgage lender’s payoff process started.
- 14–21 days before closing: Receive title search results, clear any small issues, request discharge statements from lender.
- 7–10 days before closing: Review statement of adjustments; book movers tentatively for day after confirmed closing.
- 1–3 days before closing: Finalize keys, meter readings, and possession instructions.
Follow this timeline and you’ll avoid most closing-day shocks.
What if a buyer’s lawyer finds a problem on closing day?
If a title defect appears on closing day, the options are usually:
- Fix the issue immediately (if it’s quick),
- Delay closing and set a new date, or
- Use escrow/trust holdback where funds are held until the problem is cleared.
These are lawyer-level solutions. The faster you review and clear title issues before closing, the less likely you’ll need these interventions.
Simple checklist to print and use
- Hire lawyer early
- Order preliminary title search
- Get mortgage payoff statement
- Confirm no outstanding liens or municipal charges
- Review survey/lot description
- Consider title insurance
- Confirm utilities and meter readings
- Review statement of adjustments
- Schedule movers after lawyer confirmation
Closing pitch — get it done right
If you want the sale to close on time and your move to be smooth, do a title review early. It’s fast, inexpensive, and prevents the costly scramble that happens when surprises show up on closing day. For sellers in Georgetown, knowing the system and following these steps separates a clean close from a stressful scramble.
Contact for personal help
If you’re selling in Georgetown and want someone local to guide you through title review, closing, and moving logistics, get direct help. Quick, clear answers and hands-on coordination make closing painless.
Email: tony@sousasells.ca
Phone: 416-477-2620
Website: https://www.sousasells.ca
FAQ — Closing, Title Review, and Moving in Georgetown, Ontario
Q: Can I see the title myself before closing?
A: Yes, but you’ll usually get it through your lawyer. Your lawyer can provide a plain-language summary and explain entries on the title.
Q: How long does a title search take?
A: Typically same day to a few days. Complex issues can take longer. Ask your lawyer for a timeline.
Q: Will title insurance protect me from everything?
A: No. Title insurance covers many unknown defects and fraud, but it doesn’t replace clearing known issues before closing. Talk to your lawyer about what is covered.
Q: What if there’s a builder’s lien from a renovation?
A: Resolve it before closing. If you can’t immediately, your lawyer may arrange a holdback or lien withdrawal. Unresolved liens can block closing.
Q: Do I need a survey or real property report?
A: Not always, but having a recent survey or RPR makes closing smoother and can reveal encroachments or boundary issues.
Q: How do municipal charges appear on title in Halton Hills?
A: Municipal liens, work orders, or unpaid fees can be registered; your lawyer can request municipal statements and clear any amounts.
Q: When should I book movers?
A: Wait until your lawyer confirms the closing time and registration. Book for the day after closing where possible.
Q: Who pays for title insurance?
A: Buyers often buy title insurance, but sellers may choose owner’s title insurance for protection against future claims. Discuss options with your lawyer.
Q: Can closing still happen if there’s a small issue?
A: Sometimes. Lawyers can use holdbacks or escrow to allow closing while issues are resolved. Major defects may require delay.
Q: Where can I get local help in Georgetown?
A: For local, hands-on help and clear answers, contact Tony at tony@sousasells.ca or 416-477-2620.
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