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Title Insurance in Canada: What It Covers, Costs & Do You Need It?

Updated

Title insurance protects you against problems with your property’s legal ownership that existed before you bought it — or in some cases, problems that arise after. It’s a one-time cost at closing that can save you from devastating financial losses. Here’s how it works, what it costs, and whether you should get it.

What title insurance covers

RiskWhat Could HappenTitle Insurance Coverage
Title fraud/forgerySomeone forges documents to sell or mortgage your homeCovered — legal costs and losses to restore ownership
Existing liens or mortgagesPrevious owner had unpaid debts secured against the propertyCovered — insurer pays to resolve the lien
Encroachment issuesYour structure (or neighbour’s) crosses the property lineCovered — financial loss if you must remove the structure
Zoning violationsPrevious owner built without proper permits or against zoningCovered — costs to bring into compliance
Survey defectsProperty boundaries are different than representedCovered — financial loss from boundary disputes
Errors in public recordsMistakes in land registry documentsCovered
Missing heirsAn heir of a previous owner claims ownershipCovered
Easements not disclosedUtility right-of-way or neighbour access not shown on titleCovered
Property tax arrearsPrevious owner had unpaid property taxesCovered
Building permit issuesWork done without permits affecting property valueCovered
Unpaid condo feesPrevious condo owner had arrears that become a lienCovered

What title insurance does NOT cover

RiskWhy Not Covered
Known defects you were told about before purchaseYou accepted them at purchase
Environmental contaminationSeparate coverage needed
Issues arising from your own actionsYou caused the problem
Normal property maintenance or deteriorationNot a title defect
First Nations land claims (in some policies)Check your specific policy
Future zoning changes by the municipalityMunicipal powers, not a title defect
Problems you created after purchase (unauthorized renovations)Your responsibility

Title insurance cost

Property ValueApproximate Premium
Under $500,000$250–$350
$500,000–$1,000,000$300–$450
Over $1,000,000$400–$600
  • One-time payment at closing — no annual premiums
  • Coverage lasts as long as you own the property
  • Most lenders require at minimum a lender policy; an owner policy is additional
  • Combined lender + owner policies are typically $50–$100 more than a lender policy alone

Major title insurance providers in Canada

ProviderNotes
FCT (First Canadian Title)Largest provider in Canada
Stewart TitleInternational company with strong Canadian presence
Chicago TitleAvailable through some law firms
TitlePLUSOffered through the Law Society of Ontario (lawyers’ insurer)

Your real estate lawyer typically arranges title insurance and recommends a provider.

Owner policy vs lender policy

FeatureLender PolicyOwner Policy
Who it protectsThe lender onlyYou, the homeowner
Required?Yes — almost all lenders require itNo — optional but strongly recommended
Coverage amountMortgage balance (declines as you pay down)Purchase price (stays constant)
DurationUntil mortgage is paid off or dischargedAs long as you own the property
CostIncluded in base premium ($250–$500)Additional $50–$150
Pays for your legal defence?No — only protects lender’s interestYes — covers your legal costs
Fraud coverage for you?No — lender is made whole; you may still lose equityYes — you are compensated

Why you should always get an owner policy: If someone registers a fraudulent mortgage against your property, the lender policy protects the bank — not you. Without an owner policy, you must pay your own lawyer to fight the fraud and restore your title. Legal fees alone can exceed $20,000 in complex title fraud cases.

When you need new title insurance

EventLender Policy Needed?Owner Policy Needed?
Purchasing a homeYes (new policy)Recommended (new policy)
Refinancing with same lenderYes (new policy)No — existing policy remains valid
Refinancing with new lenderYes (new policy)No — existing policy remains valid
Renewing with same lenderNo — existing policy carries forwardNo
Switching lenders at renewal (no increase in amount)Yes (new policy; usually lender-paid)No
Adding a HELOCSome lenders require itNo

At refinance, your legal fees typically include the cost of a new lender title insurance policy ($250–$400). This is built into the $800–$1,500 legal fee for refinancing.

Provincial differences

Title insurance rules and alternatives vary by province:

ProvinceKey Differences
OntarioTitle insurance is standard; most widely used province. TitlePLUS (Law Society insurer) available as alternative. Property surveys are rare unless buyer specifically requests one.
AlbertaUses the Real Property Report (RPR) + compliance letter as standard practice instead of title insurance. RPR is a surveyor document showing structures and boundaries ($500–$1,000). Title insurance is available as a faster, cheaper alternative.
BCTitle insurance is common but not universal. Buyers can choose a survey instead. BC has a well-maintained Land Title and Survey Authority (LTSA) with electronic title management.
QuebecTitle insurance is less common. Notaries conduct a title examination (search of historical records) as part of the closing process. Some lenders still require title insurance.
Saskatchewan, ManitobaTorrens land title system with strong government guarantee. Title insurance is still commonly purchased but the land title system provides some built-in protection.
Atlantic provincesTitle insurance is standard practice, similar to Ontario.

Alberta RPR vs Title Insurance

FactorReal Property Report (RPR)Title Insurance
Cost$500–$1,000 (seller typically pays)$250–$500 (buyer pays)
What it showsPhysical boundaries, structures, setbacks, encroachmentsDoes not show physical boundaries
What it protectsNothing — it’s informational onlyFinancial losses from title defects
Fraud protectionNoYes
Timeline4–6 weeks for a new RPRAvailable within days
Municipal complianceRequires a compliance letter from the municipalityNo municipal involvement
Common Alberta practiceSeller provides RPR + compliance letterUsed when RPR is unavailable or non-compliant

Title insurance providers compared

ProviderMarket ShareStrengthsAvailable Through
FCT (First Canadian Title)Largest in CanadaFastest processing; widest lawyer network; strong claims departmentMost law firms
Stewart TitleSecond-largestStrong commercial coverage; international backingMany law firms
Chicago TitleSmaller presenceAvailable for residential and commercialSelect law firms
TitlePLUSOntario-focusedBacked by LAWPRO (lawyers’ insurer); covers some issues others don’t (e.g., fraud by your own lawyer)Ontario lawyers

All residential policies cover the same core risks. The main differences are in claims handling speed and niche coverage areas. Your lawyer will typically recommend a provider they work with regularly — this is fine in most cases.

Title insurance vs property survey

Many buyers wonder whether they need title insurance, a survey, or both.

FactorTitle InsuranceProperty Survey
Cost$250–$500 (one-time)$1,500–$3,000+ (one-time)
What it doesInsures against financial loss from title defectsPhysically maps property boundaries and structures
Boundary protectionCompensates you financially if a boundary issue existsShows you exactly where the boundaries are
Legal protectionCovers legal fees to defend your titleDoes not cover legal costs
Fraud protectionYesNo
Lien protectionYesNo
Required by lenderUsually yes (lender policy)Sometimes (as alternative to title insurance)
When it helpsAfter a problem is discoveredBefore you build, fence, or resolve disputes

Most buyers get title insurance. It’s cheaper and covers more risks. A survey is valuable if you plan to build an addition, install a fence, or if the property has unusual boundaries.

Some situations warrant both:

  • Rural property with unclear boundaries
  • Property with recent additions or structures near the property line
  • Waterfront property where boundaries may shift

When title insurance is essential

SituationWhy
No recent survey existsTitle insurance covers boundary risks that a survey would reveal
Older homeGreater chance of historical title issues, unpermitted work, or undisclosed easements
Condo purchaseCovers unpaid common element fees, status certificate issues
Previous owner did renovationsMay not have obtained proper permits
Estate saleTitle may have issues from the estate settlement process
Foreclosure or power of saleHigher risk of liens, tax arrears, or disputes

How to make a title insurance claim

  1. Discover the title defect — You’re served a notice, discover a lien, or learn of a boundary dispute
  2. Contact your title insurer — Use the contact information on your policy (your lawyer will have a copy)
  3. Provide documentation — The notice you received, your policy, and your purchase agreement
  4. Insurer investigates — They review the claim and determine coverage
  5. Resolution — The insurer either resolves the defect (pays off a lien, defends your title in court) or compensates you for the financial loss

Claims are relatively rare, but when they occur, the amounts can be large — $10,000 to $500,000+ for serious title fraud or boundary disputes.

Real claim examples

These are the types of claims title insurance resolves:

ScenarioWhat HappenedHow Title Insurance Helped
Undisclosed lienBuyer purchased a condo; previous owner owed $12,000 in condo fees that became a lien on titleInsurer paid $12,000 to clear the lien
EncroachmentBuyer’s garage was 8 inches over the property line, discovered when neighbour demanded removalInsurer covered $35,000 cost to relocate the garage
Forgery/title fraudFraudster transferred title of a vacant property and took out a $300,000 mortgageInsurer covered all legal fees and losses to restore original owner’s title
Survey defectBackyard fence was 3 feet inside the neighbour’s property; neighbour demanded it be movedInsurer paid $8,500 for fence relocation and survey
Unpermitted renovationPrevious owner finished the basement without permits; municipality required it be brought to codeInsurer covered $22,000 in remediation costs
Property tax arrearsEstate sale; $6,800 in unpaid property taxes discovered after closingInsurer paid the tax arrears

How to buy title insurance

StepWhat Happens
1Your real estate lawyer includes title insurance in your closing process
2Lawyer recommends a provider (FCT, Stewart Title, etc.)
3You choose lender-only policy (required) or lender + owner policy (recommended)
4Lawyer orders the policy and provides your details to the insurer
5Premium is included in your closing costs statement
6Policy is issued at closing — you receive a copy

You don’t need to shop for title insurance yourself. Your lawyer handles it. However, you should specifically ask for an owner policy — some lawyers only arrange the lender policy by default unless you request owner coverage.

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