Have You Heard of Title Insurance?
This article appeared in the February 1998 LB Home™ NEWSLETTER
Author: Gerald A. Dust, Barrister & Solicitor, Beament Green Dust (now Dust Evans)
Title Insurance is a relatively new product being offered in Ontario. It is an alternative to the more traditional means of ‘insuring’ your title through certification by your lawyer.
Whenever a lawyer ‘certifies your title’, he or she searches the title and then guarantees that you have good title to your real estate. Your legal fees pay for this certification, among other things. If you later have a problem with your title, you can force your lawyer to fix it or to compensate you for the damages that you suffer as a result of it.
The lawyer has insurance to protect him or her in these situations.
With title insurance, many of the searches your lawyer usually does are not done. Title insurance may also remove the requirement for a survey. You pay the insurer for a policy insuring your title. If you later discover a problem with your title, you go directly to the insurance company to be compensated.
The costs and benefits of title insurance vary from company to company. Whether or not you need it or should have it is something that you can discuss with your lawyer who, at the present time in Ontario, must be involved in the issuance of a title insurance policy.