Land Titles Act and Title Insurance

Virtually all property in Toronto and well more than half of the properties across Ontario are now registered under the Land Titles Act. Once title is recorded in a Land Titles parcel register, it is set and cannot change. There is no adverse possession or possessory rights under the Land Titles Act, so essentially you can only lose an interest in your property from this date forward in certain limited ways specified under the Land Titles Act. As well, the Land Titles Act has Section 155, which expressly provides that any registered disposition or mortgage that if unregistered would be fraudulent and void is, despite registration, still fraudulent and void. On top of that, there is a Land Titles Assurance Fund (the “Fund”) to deal with mistakes. So why would you even consider title insurance?

Since the Land Titles Act guarantees the title shown on its Parcel Register, if an innocent purchaser or mortgagee obtains an interest in the property after a fraud, it is protected. A true owner can lose his title or be subject to a mortgage under the Land Titles Act after a fraud.

The opposing view is that a residential Title insurance policy provides coverage after the date of the policy for forgery where someone else claims an interest in or a lien against the property. That clearly covers the real estate fraud we are reading about in the newspapers – forgery or identity fraud where someone purports to be the owner and then conveys the property to him or herself or a third party or mortgages the property. In addition, a title insurance policy, as an indemnity insurance policy, includes a duty to defend your title – to deal with the litigation related to such fraud. With title insurance you will not have to pursue any action yourself and then make a claim against the Fund.


Title insurance is a form of insurance that provides compensation for losses suffered from title issues even if they are not discovered until years after the sale is completed. Title insurance protects home buyers against unpredictable or undetectable problems related to your home’s title.


Risks covered by title insurance include unpredictable or undetectable issues such as forgery, fraud, missing heirs, unregistered rights-of-way and other issues that can affect rights of ownership. While real estate lawyers protect home-buyers with thorough record searches and inquiries during the home ownership transaction, they will also often arrange for title insurance to try to offset issues that could not easily be discovered and certain future problems.


If a problem arises with title that only becomes known after closing, title insurance can often compensate the home-buyer for the problem.

just here

there was atime I used to be full of life but everything changing day by day. I really wants to be happy but my thinking process wouldnt let me be happy. My be its my own faul which stoping me to be happy.

I tried all the tricks to forget unpleasentness created around me but its not helping me. How I want myself to stop thinking about everything except my real estate work. I really wants to forget about my children situation or mostly about their way of living or may its just my imegination that there is a problem. Since I am not able to fix any problem if there is any way I can stop this nonsense thinking of mine and just enjoy what is there. I need advise or some wisdom that make me understand why I am not able to handle these small hurdles in the life.