How do I confirm the seller has clear title?
Buyer Alert: Don’t pay until you confirm the seller really owns the property — here’s how to verify clear title.
Why clear title matters
If the seller doesn’t have clear title, you inherit legal fights, liens, unpaid taxes, or even the risk of losing the house. This is not optional. Confirming title protects your money and gives you legal ownership without surprises.
Quick, practical steps to confirm clear title
- Get the title documents early
- Ask the seller (or their lawyer) for the deed/transfer document and any previous title documents. Insist on the land registry reference.
- Order a professional title search
- Hire a licensed real estate lawyer or title company to run a title search at the provincial registry (Ontario’s Land Registry/Teranet if you’re in Toronto). A search reveals registered mortgages, liens, easements, and any caveats.
- Check for liens, judgments and taxes
- Confirm there are no outstanding mortgages, construction liens, tax arrears, or court judgments registered against the property.
- Verify the seller’s legal right to sell
- Confirm the seller’s name on the title matches their ID. If a power of attorney, trust, or estate sale is involved, get supporting legal documents.
- Request a current survey or property sketch
- A survey shows boundaries, encroachments, and easements. If none exists, order one or confirm there are no boundary disputes recorded.
- Obtain title insurance
- Title insurance protects you against most unforeseen title defects that are not found in a standard search (forgery, clerical errors, unregistered liens). It’s inexpensive compared to the risk.
- Review closing paperwork with your lawyer
- Your lawyer will confirm payoffs, discharge of mortgages, removal of liens, and proper registration of the transfer at closing.
Common pitfalls to watch for
- Unregistered or hidden liens: contractors, condo fees, or municipal charges may not always be obvious.
- Wrong seller name or identity fraud: forged signatures or outdated names cause deals to collapse.
- Power of attorney or probate issues: ensure authority to sell is correctly documented.
- Easements and rights-of-way: they remain with the land and can limit use.
- Unclear condo documents or status certificates: condo fees, special assessments, or reserved funds can change cost of ownership.
Trusted resources and who should do what
- Land Registry / Land Titles office (provincial): official title records.
- Licensed real estate lawyer or notary: orders title search, handles closing.
- Title insurance providers (e.g., TitlePLUS, Stewart Title): buy a policy at closing.
- Municipal property/tax office: confirm no outstanding property taxes or charges.
- Licensed surveyor: confirms boundaries and encroachments.
Final word — do this now
Don’t rely on promises. Get a lawyer, order a title search, buy title insurance, and verify identity and payoffs. These steps are non-negotiable. If you want fast, local help and someone who will run this process end-to-end, contact Tony Sousa — local realtor who knows the process and trusted partners.
Contact: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
