How can I check if there’s a lien on my property?
Is there a lien on my property? Read this first — the fast, local guide every Milton seller needs.
Why this matters right now
If you plan to sell a home in Milton, Ontario, a hidden lien can stop the sale cold, steal your closing day, or shave thousands from your proceeds. This isn’t paperwork trivia. It’s money, timing, and legal risk. Do this now and you either sell clean or you fix the problem before listing.
Quick answer — how to check if there’s a lien on your property
- Do a title search on OnLand (Ontario land registry).
- Ask your real estate lawyer to run a current title and lien search.
- Get a municipal tax certificate from the Town of Milton (shows unpaid property taxes).
- Check for construction liens or judgment registrations with your lawyer.
- Confirm mortgage payoff with your lender and request a discharge.
Do one or more of these now. The lawyer will confirm. Title insurance will cover surprises after closing.
What is a lien — plain and simple
A lien is a legal claim against property to secure a debt. If someone is owed money tied to your property, they can register that claim on the title. Common liens in Ontario:
- Mortgage: The lender’s security interest.
- Construction lien (Construction Act): Contractors/subcontractors can place claims for unpaid work.
- Municipal tax arrears: The Town or Region can register charges for unpaid property taxes.
- Court judgments or enforcement liens: Creditors can register claims after a judgment.
- Other encumbrances: Easements, restrictive covenants, or private charges.
Any registered lien appears on the property title. If a lien exists, it must be dealt with before closing or paid from sale proceeds.
The Ontario tools and local places that matter (Milton-specific)
- OnLand (Ontario land registry online): The public portal to search land registry and title documents for properties in Milton. Use it for a basic title report.
- Your real estate lawyer: They have Teraview access and will run a full, current title and lien search. This is the gold standard and what buyers and lenders require at closing.
- Town of Milton — Property Tax Office: Request a tax certificate to confirm taxes are paid up. Unpaid taxes can become a municipal lien.
- Halton Region: If utility or regional charges are outstanding, verify with Region of Halton.
- Condo Management (if applicable): Request a status certificate — it will reveal condo-specific charges and claims.
If you want to check fast on your own, start with OnLand. For certainty, hire a lawyer or title insurer.
Step-by-step checklist for Milton sellers — do this before listing
1) Pull a quick OnLand title search (5–15 minutes)
- Get the PIN or property identifier, search title, and look for registered encumbrances.
2) Order a municipal tax certificate from the Town of Milton - This shows any outstanding property tax balances and municipal charges. Sellers usually pay this at closing.
3) Contact your mortgage lender for a payoff statement - Ask for the exact figure and any discharge fees, plus how long the payoff quote is valid.
4) Ask your lawyer for a full title and lien search - Lawyers pull live searches through the land registry system and spot recent registrations buyers won’t accept.
5) If any construction work was done in the last 12 months, consult a construction lawyer - Construction liens can be registered quickly under the Construction Act. Don’t assume nothing happened.
6) Get a condo status certificate if applicable - This will reveal condo fees owing, special assessments, or legal claims.
7) Consider title insurance for the buyer or require a cleared title at closing - Title insurance protects against many unknown past defects. Many buyers demand it.
Work these steps into your listing checklist. It’s cheap insurance against a delayed or collapsed sale.
Legal considerations Milton sellers must know
- Only a current Land Registry search provides legal notice of registered liens. Anyone can search, but only lawyers and title companies typically pull the live closing searches.
- Registered liens bind the property, not just the person. That means a lien stays even if you sell the home unless it’s removed.
- Lien removal requires payment of the debt, a discharge from the creditor, or a court order. Your closing lawyer handles discharge paperwork.
- Construction liens have strict timelines and specific preservation rules under Ontario’s Construction Act. If work was done, assume risk and consult a lawyer quickly.
- Municipal taxes and regional charges have priority and must be cleared at closing.
This is a legal area. I’m a realtor — I’ll guide you and coordinate with lawyers, but lawyers give legal clearance.
How liens affect the sale process in Milton
- Buyer’s Lender: Banks require clear title. If a lender finds a lien, they won’t fund until it’s cleared.
- Closing Delays: A lien discovered late can push closing or force renegotiation.
- Price Impact: Outstanding liens reduce net proceeds; large liens can kill a deal.
- Buyer Risk: Buyers may back out if title issues look messy.
Prevent these problems by finding and fixing liens before you list.
Cost and timing — what to expect
- OnLand search: low cost (pay-per-document or small fee).
- Lawyer title search: part of your legal fees; essential for closing.
- Municipal tax certificate: modest fee from Town of Milton.
- Discharge of mortgage or lien: payoff amount plus legal discharge fees. Lenders usually charge a discharge admin fee.
- Title insurance: one-time premium (often under $400–$600 for residential, varies). It’s cheaper than a failed sale.
Timing: Most searches take hours; lawyers can pull live searches the day of closing. If a lien appears, resolving it can take days to weeks depending on the creditor.
Real examples sellers in Milton face
- Example 1: Seller didn’t disclose a small contractor bill. Contractor registered a construction lien after listing. Sale delayed two weeks while lien was paid. Net proceeds reduced by lien plus legal fees.
- Example 2: Seller had a mortgage with an unknown second charge. The buyer’s bank required payoff and discharge. The seller’s lawyer handled it at closing, but closing moved two days later for paperwork.
These are avoidable with pre-listing checks.
How I help Milton sellers — what I do differently
I coordinate the exact steps above fast: order tax certificate, get mortgage payoff figures, instruct the lawyer for a live title search, and arrange title insurance options. I’ve moved dozens of Milton listings from “listed” to “closed” without last-minute surprises because we find liens early and deal with them.
If you want help running these checks or need lawyer referrals in Milton, contact me at:
Tony Sousa, Local Milton Realtor
Email: tony@sousasells.ca
Phone: 416-477-2620
Website: https://www.sousasells.ca
I’ll tell you exactly what to order, who to call, and what to expect at closing.
FAQ — Liens, mortgages, and selling property in Milton
Q: Can a lien stop my sale?
A: Yes. A registered lien prevents clear title. Buyers and lenders need clear title at closing. The lien must be paid or cleared first.
Q: How do I check online for liens?
A: Use OnLand for a public title search. It shows registered mortgages and charges. For a live closing search, use a lawyer.
Q: How long does a registered lien stay on title?
A: A lien stays until it’s discharged or removed by court order. Most liens will remain until the debt is paid and a discharge is registered.
Q: What if a contractor files a construction lien after I sell?
A: If registered after closing, it can still affect the property. Title insurance can protect the buyer. Sellers remain at risk if they did work and left bills unpaid. Consult a lawyer immediately.
Q: How much does a title search cost in Milton?
A: OnLand and public searches are inexpensive. Lawyer searches and closing reports are part of legal fees. Title insurance is an optional one-time cost.
Q: Who pays for clearing liens at closing?
A: Typically the seller pays off mortgages and liens so the buyer receives a clear title. Specifics appear in the agreement of purchase and sale.
Q: Do I need a lawyer to remove a lien?
A: Yes. Lawyers prepare discharge documents and register them with the land registry. For disputed liens, you need legal representation.
Q: How do I check real estate tax status in Milton?
A: Request a tax certificate from the Town of Milton. Your lawyer or realtor can help order it.
Q: Is title insurance worth it?
A: For buyers, yes. It protects against many undiscovered title issues. Sellers should still clear known liens before listing.
Q: Who can help me in Milton?
A: Start with your local realtor and a real estate lawyer. If you want a direct, local contact who will manage this process, reach out to me:
Tony Sousa — tony@sousasells.ca — 416-477-2620 — https://www.sousasells.ca
Want a quick property lien check? Email me your address and I’ll tell you what to order and who to call. Don’t list until you know what’s on title.
