Minhas Lawyers – Experienced Real Estate Lawyers Providing Title Insurance Advice

The news has been increasingly filled with the alarming trend of title fraud – stories about people’s homes being put up for sale and sold without the homeowner’s knowledge. While title fraud was once extremely rare, it is sadly becoming more common. This has led to more home owners asking about title insurance and whether this is something they should have in order to protect themselves from such practices.

Request A Call

    In this article, we will discuss what title insurance is, what it is not, and what it can do to protect you as a homeowner.

    What title insurance is and what it is not.

    image 1 copy

    If you previously worked with a real estate lawyer when you purchased your home or if you are currently working with one now, chances are you were offered the opportunity to purchase title insurance. You might be wondering what is the point of this extra insurance since it will increase your closing costs by a few hundred dollars, you’re likely wondering whether the extra cost is worth it. Let’s examine this by reviewing what the purpose of title insurance is.

    Firstly, title insurance in not have any kind of warranty on your home itself. Title insurance is different from property insurance. It does not cover the physical aspects of the home like the roof or the foundation. It does not guarantee that the home is well-built. What title insurance does do, however; is it protects the policyholder by providing compensation where there are unanticipated problems with the title of the property.

    Purchasing title insurance

    When you buy a home or other piece of real estate, the title of that property is transferred to you. A document called the Transfer or Deed is registered in your name under the Land Titles system. The reason for title insurance is to provide compensation or damages if there is a claim or loss on the title.

    In real estate transactions, lawyers will routinely advise title insurance for the buyer as well as the mortgage lender to protect them against certain risks they may face from the transaction.

    Policy owners of title insurance will be responsible to pay a premium, the amount of which will vary depending on the purchase price, type of property, the amount of the mortgage, and so forth.

    Once title insurance has been ordered by the law firm, the protection for the policyholder remains in place for as long as their name is on the title. There are no monthly premiums and the policy does not need to be renewed. The coverage continues for as long as you own the property.

    image 2 copy
    image 3 copy

    What are the risks covered by title insurance?

    Title insurance protects property owners from a wide range of issues including:

    • Defects in the title which may put the property owner’s rights to the property in question.

    • Conflicting ownership interests.

    • Liens against the title (for example if the former owner had an outstanding mortgage or loan against the property).

    • Encroachment issues such as when the title holder needs to remove a structure because part of it encroaches on a neighbour’s property.

    • Errors in surveys and public records.

    • Title fraud.

    In summary, when your real estate orders title insurance for you, that insurance provides you with no-fault, comprehensive protection against title risks that can occur with a real estate transaction.

    What is title fraud?

    An emerging issue that we see today in the real estate market is increasingly title fraud. The vulnerable, vacant homes and identity theft are becoming targeted and common victims of title fraud. Having protection from this title fraud shall it arise would be from title insurance. This can occur when a fraudster transfers the title of your home without you even knowing it. This may allow the fraudster to steal your personal information so that they can forge documents in your name including registering a mortgage on the title of your home in order to steal funds.

    This can easily happen without the homeowner’s knowledge, and they may not find out until they receive a call from a collection agency informing them of the massive debt against their home that is now a mark against them on their credit report. Or upon returning to your home and realizing that the possession of the home has been granted to someone else without you ever even selling your home.

    Fortunately, if the homeowner has title insurance, they may seek out compensation from their insurer as they have been a victim of fraud.

    image 4 copy
    image 5 copy

    Other risks that may be covered by title insurance.

    Depending on the type of property and the insurance, title insurance may also cover other risks such as:

    • Arrears in taxes.

    • Arrears in utilities such as natural gas and hydro.

    • Executions against prior property owners.

    • Fire department work orders against the property.

    • Hydro work orders against the property.

    • Conservation authority compliance issues.

    • Access limitations.

    • Planning Act contraventions.

    • Fraud or impersonation of the insured’s interest in the title.

    What is excluded from coverage?

    If the title or property comes with risks that are difficult to quantify, these may be excluded from the title insurance. Some typical exclusions include the following:

    • Environmental matters such as infestations and soil contamination.

    • Indigenous land claims.

    • Post-closing expropriations.

    • Future use should the property owner change the use of the property.

    • Mortgage default.

    • Legality of rental agreements.

    • Septic system functionality.

    • Other risks that the insured knew about but did not share with the insurer.

    Additionally, the insurer requires a multi-unit endorsement if the insurance is for a property which includes 2-6 units if they are to provide additional coverage.

    image 6 copy
    Real Estate Contract

    Can Your Purchase Title Insurance Now?

    If your home has already closed and you did not purchase title insurance at the time or do not have a mortgage on the property, it is still possible to obtain title insurance coverage. It is highly recommended that you do. Investing a few hundred dollars and being insured outweighs not having title insurance and later becoming the victim of fraud. It is important to be insured and protected. We can set you up for a title insurance policy today, give our office a call.

    Other benefits of title insurance.

    In addition to the protection and coverage it provides, title insurance can be a much less costly and time effective alternative to off-title searches or having a new survey conducted. Ordering title insurance reduces the number of title searches that a law office has to conduct and therefore can actually save the purchaser more than they will spend on the title insurance itself. Between the cost savings and the peace of mind that title insurance can provide, it is no wonder it is so commonly used in Canada by both owners and lenders.

    Contact Minhas Lawyers today.

    If you are involved in a real estate transaction, it is highly recommended that you purchase title insurance as doing so can save you from enormous stress and financial costs should there ever be an issue with your title in the future. To schedule a consultation with one of our real estate lawyers, give our office a call today!


    Google Review

    Surinder Pawar

    Had a great experience working with Mr. Minhas
    I did my spousal sponsorship through there law firm and his professionalism expertise was amazing an excellent law firm. Many thanks to them, who assisted us. Very professional. Outstanding service. I strongly recommend using their expertise.

    Surinder Pawar

    Google Review

    Michael Moore

    Manpreet Minhas, Rupinder Minhas, and their team were extremely professional and provided great guidance through my entire transaction/matter. They were always very informative and very prompt to reply. Truly felt they had my best interest throughout the entire matter. Would strongly recommend Minhas Lawyers to anyone.

    Michael Moore

    Google Review

    Jitesh Tandan

    Rupinder Minhas is very professional and knowledgeable but more than that he is a very honest person. He handled my estate matter very professionally. I recommend his services.

    Jitesh Tandan

    Google Review

    Gurdev Gill

    Minhas Lawyers are very professional and hold very high standards. This is my 5th year with them. They have helped me in Real Estate, Will and Estate, and immigration matters. Recently they have worked on our family estate matter and we are extremely happy from their services. Top Lawyers. Highly recommend.

    Gurdev Gill

    Google Review

    Roopa Dittakavi

    Manpreet Minhas and his team are very Knowledgeable, Professional and result oriented. Had a very positive experience on a real estate dealing with Mr. Minhas and his team who are focused on details and positive experience for clients. Will definitely use service if needed in future. Thanks and best wishes.

    Roopa Dittakavi

    Google Review

    Arshdeep Rayat

    Very, very professional services. Mr. Manpreet Minhas handled my immigration matter very professionally. Their fees are very reasonable. One of the best lawyers…A++++.

    Arshdeep Rayat

    Contact Us For

    A Case Evaluation

    Request A Call


      Minhas Lawyers Professional Corporation is a multi-practice law firm based in Mississauga. We advise and represent clients across various segments and practice areas.

      Follow Us On

      Business Hours

      Opening Days :

      Monday – Friday:
      9:00 am to 6:00 pm

      Saturday - Sunday:
      Book Appointments Only

      Contact Us

      Phone and Fax

      (905) 671-9244

      (905) 671-9245

      Email Address



      145-2960 Drew Rd,
      Mississauga, ON L4T 0A5