Closing a property in Ontario without a title search is like signing a contract without reading it. A 15-minute check by your real estate lawyer can surface decades of unpaid taxes, forgotten liens, easements you didn’t know existed, or even a previous owner who never legally transferred title. This guide explains exactly what a title search is, why every Ontario buyer and seller needs one, what the “requisition date” on your OREA Form 100 actually means, and what it costs in 2026.
What is a title search in Ontario real estate?
A title search in Ontario is a legal examination of public land registry records — conducted by the buyer’s real estate lawyer through Teranet, the province’s official electronic land registry operator — to confirm that the seller legally owns the property and can transfer it free of undisclosed claims. The search examines:
- Ownership history — every recorded transfer of the property going back through the chain of title
- Registered mortgages — including ones the seller may have forgotten to discharge from a previous lender
- Liens — construction liens, condo arrears, Canada Revenue Agency liens, family-law claims
- Unpaid property taxes and utility arrears that travel with the title to the new owner
- Easements and rights of way — neighbour’s driveway, utility access, shared walkways
- Restrictive covenants — restrictions on use, height, fencing, or commercial activity
- Encroachments — a fence, deck, or garage that crosses the property boundary
- Heritage or zoning designations that limit what you can renovate or rebuild
Ontario operates under the Land Titles Act, which means the government guarantees the accuracy of registered title. That’s a huge advantage compared to some other jurisdictions — but the guarantee only covers properly registered information. Things not on title (unregistered claims, off-record agreements, ongoing disputes) are exactly what a thorough title search is designed to surface.
Why is a title search critical for buyers?
For buyers, the title search is the single most important legal protection before you wire your deposit and final closing funds. Skip it, and you inherit every problem on title — including ones the seller may not even know about. Here’s what a proper search catches:
- Undischarged mortgages. A previous owner may have paid off their mortgage but never had the lender register the discharge. You’d close as the legal owner with someone else’s $400,000 mortgage still showing on title.
- Construction liens. If the seller renovated and didn’t fully pay the contractor, the contractor can register a lien against the property. You inherit the dispute.
- Property tax arrears. Municipal tax debt attaches to the land, not the owner. Buy a Mississauga home with $8,000 in arrears and Mississauga can collect from you.
- Encroachments. Found through the survey portion of the search — a neighbour’s shed sitting two feet over the property line creates a future legal headache.
- Restrictive covenants. You plan to build a 3-storey addition, but the title contains a 1962 covenant limiting buildings to 2 storeys. Discovered before closing, you walk away or renegotiate. Discovered after, you’re stuck.
- Family law claims. A divorcing spouse may have a registered Notice of Claim against the matrimonial home. Without searching title, you’d discover it the day a court order blocks your registration.
In my experience working with Greater Toronto Area buyers, roughly 1 in 4 transactions surfaces at least one title issue during the search — most are minor and resolved quickly, but each one would have been a serious problem if undiscovered before closing.
Why does a title search matter for sellers too?
Sellers benefit from the title search just as much as buyers — because issues caught early prevent the deal from collapsing 48 hours before closing. As a seller, the buyer’s lawyer will discover anything you should have known about. If you address it proactively, the closing happens on time. If it’s a surprise on the buyer’s requisition letter, you’re scrambling.
Common issues that sellers should clear before listing (or at least before signing the Agreement of Purchase and Sale):
- Undischarged mortgages from previous lenders
- Old HELOCs (Home Equity Lines of Credit) you’ve paid off but never had discharged
- Spousal interest registered on the matrimonial home (if you’ve separated)
- Builder’s chargeback or holdback registrations from new builds
- Easements you weren’t aware of from prior owners
What is the requisition date on OREA Form 100?
The requisition date (also called the “Title Search Date”) is the deadline written into your Agreement of Purchase and Sale by which your lawyer must complete the title search and notify the seller of any objections. It’s typically found at Clause 8 of OREA Form 100, the standard Agreement of Purchase and Sale used across Ontario.
The wording reads (paraphrasing OREA’s template):
“Buyer shall be allowed until 6:00 p.m. on the [Requisition Date] to examine the title to the property at Buyer’s own expense and until the earlier of: (i) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived; or (ii) five days prior to completion, to satisfy Buyer that there are no outstanding work orders or deficiency notices affecting the property…”
Typical timing: the requisition date is usually set 15–25 days before closing — long enough for your lawyer to complete the search and resolve issues, short enough that the seller isn’t tied up for months.
What happens on the requisition date:
- Your lawyer submits a requisition letter to the seller’s lawyer listing any title issues found
- The seller has until closing to fix them (e.g., discharge old mortgages, pay liens, get spousal consents)
- If an issue can’t be resolved, the buyer may have the right to terminate the agreement and recover their deposit
What happens if you miss the requisition date?
Miss the requisition date and you generally lose the right to object to any title defect that could have been discovered with a reasonable search. You’re deemed to have accepted the title as it stands. The legal term is “you’ve taken title subject to the defect.”
Real consequences:
- You can’t terminate the deal even if you discover the issue afterward
- You inherit the financial liability for any unpaid taxes, liens, or charges
- Your only recourse may be a lawsuit against the seller — slow, expensive, uncertain
- Title insurance may cover some discoveries but not all
This is why working with an experienced real estate lawyer matters. Newer or overworked lawyers occasionally let requisition dates slip — and the buyer pays the price.
How much does a title search cost in Ontario?
The title search itself is bundled into your real estate lawyer’s closing legal fees. As of 2026, expect to pay:
| Service | Typical Cost (Ontario, 2026) |
|---|---|
| Title search (included in legal fees) | $200 – $400 |
| Each Teranet registration on title | $69.50 per item |
| Property tax certificate | $80 – $120 |
| Building/zoning compliance letter (municipality) | $100 – $250 |
| Survey review or new survey (if needed) | $0 – $1,500 |
| Total closing legal fees (typical) | $1,500 – $2,500 + HST |
If the title search is unusually complex (e.g., chain of title goes back 100+ years, or commercial property), your lawyer may quote a higher flat fee or hourly billing.
Title search vs. title insurance — what’s the difference?
A title search is the investigation — your lawyer reviewing public records to identify known issues. Title insurance is the protection — a one-time premium that covers losses from issues the search missed (or that arise later, like identity fraud).
| Title Search | Title Insurance | |
|---|---|---|
| What it does | Investigates current title issues | Insures against future losses |
| Who provides it | Your real estate lawyer (via Teranet) | Title insurer (Stewart Title, FCT, Chicago Title, etc.) |
| Cost | $200 – $400 (in legal fees) | $350 – $650 one-time premium |
| Coverage period | Point-in-time investigation | As long as you own the property |
| Required? | Practically yes (lenders require it) | Required by virtually all lenders since ~2008 |
Today, most Ontario closings include both. Title insurance has effectively replaced the need for an updated survey in many cases — saving buyers $800–$1,500 on what would otherwise be a fresh survey commission.
What happens if a title defect is found during the search?
If your lawyer finds an issue, three things typically happen — in sequence:
- Requisition letter to seller. Your lawyer formally notifies the seller’s lawyer with specifics and a deadline to resolve.
- Seller cures the defect. Most issues are routine — discharging an old mortgage, paying a tax bill, getting a spousal release. The seller’s lawyer handles it before closing.
- If unresolvable: you have options. Depending on the issue, you can: (a) terminate the deal and recover your deposit, (b) close anyway with a price abatement, (c) require the seller to escrow funds to cover potential exposure, or (d) accept title insurance coverage if the insurer agrees.
In 12+ years of GTA practice, most title issues I’ve seen are resolved with a phone call and a discharge form. The real disasters happen when a buyer or their lawyer skipped or rushed the title search — which is why I never recommend cutting corners here, even to save a few hundred dollars in legal fees.
How long does an Ontario title search take?
For a routine residential title search through Teranet, the actual electronic search takes under 24 hours. Your lawyer’s review and analysis adds another 1–2 business days. The full process — including ordering tax certificates, building compliance letters, and reviewing any flagged issues — typically takes 5–10 business days from start to requisition letter.
Plan your requisition date accordingly. If your closing is in 30 days, ask your lawyer to begin the search immediately so issues surface 15–20 days before closing — leaving real time to fix anything that comes up.
How to work with your lawyer to protect yourself
A few practical steps for buyers and sellers:
- Choose a real-estate-focused lawyer — not a generalist who does the occasional closing. Ontario has lawyers who close 200+ residential transactions per year and lawyers who close 5. The difference shows.
- Ask for a written quote up front covering legal fees, disbursements, and title insurance — so there are no surprises at closing.
- Provide complete documentation — every previous discharge, every paid receipt, every survey you have. The more your lawyer has, the faster the search resolves.
- Don’t waive title search conditions on the recommendation of an inexperienced agent. The title search is your insurance against losing your down payment.
- Coordinate dates carefully. Your real estate agent (me, if you’re working with me) sets the requisition date in the Agreement — making sure it’s 15–25 days before closing, not 5.
The bottom line
A title search isn’t a formality — it’s the single most important legal step protecting your purchase. Combined with title insurance and a properly set requisition date on your OREA Form 100, you close on a property that’s truly yours, free of hidden claims that could cost you tens or hundreds of thousands of dollars.
If you’re buying or selling in the Greater Toronto Area and want to make sure your transaction is protected at every step — the requisition date set correctly, the right lawyer engaged, title insurance properly explained — I’d love to walk you through it. Schedule a free 15-minute call: Contact Tej Thakor, or text +1 (647) 684-1731 on WhatsApp.
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