title insurance plus

legal services coverage2

1 The TitlePLUS policy is underwritten by Lawyers’ Professional Indemnity Company (LawPRO®). Please refer to the policy for full details, including actual terms and conditions. Contact LawPRO for brokers in Manitoba, Alberta and Québec.

2 Excluding OwnerEXPRESS policies and Québec policies.3 Different search requirements may apply to some transactions

over $2.5 million; please call us for details.4 Please call us for assistance with leasehold properties.

5 Some restrictions may apply.6 Up to $5 million.

© 2018 Lawyers’ Professional Indemnity Company® Registered trademark of Lawyers’ Professional Indemnity Company.

for Residential Purchase Transactions1

Quick Facts

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TitlePLUS Home Buying Guide Canada@TitlePLUSCanada

titleplus.catitleplus.lawyerdonedeal.com1-800-410-1013

n ONTARIO

MARCH 1, 2018

Lawyers’ Professional Indemnity Company (LawPRO®) 250 Yonge Street, Suite 3101, P.O. Box 3, Toronto, ON M5B 2L7

TitlePLUS purchase policies, up to $5 million3, are available for these types of properties:• new houses and condominiums• resale houses and condominiums• secondary homes and cottages• residential rental (up to 6 units)• rural• leaseholds4

• vacant land5 intended for residential purposes

TitlePLUS policies are also available for the following:• mortgage-only (refinance) transactions• current owners (OwnerEXPRESS®)• new houses and condominiums in the TitlePLUS New Home

Program or New Condo Select• commercial properties and farms6

A TitlePLUS® purchase policy

TYPE OF SEARCH COMMENTS

T I T L E S E A R C HSubject Property Always required: Include deleted instruments in automated title search. Note date of last transfer to insert in TitlePLUS application. If last transfer within

past 2 years, note whether transfer at arm’s length and if so, insert date and consideration in TitlePLUS application. If mortgage discharge registered within last 6 months, indicate in TitlePLUS application.

Servient Tenement re: Easement (if any)

Always required: If Registry, confirm that registered title of servient property discloses existence of easement throughout 40 year period or since creation (whichever is shorter). If Land Titles, confirm easement in description for servient property.

Abutting Properties Sometimes required: Where necessary to ascertain subdivision control compliance. If plan has been de-registered, this search is required.

E X E C U T I O N S E A R C H E SVendor Always required.

Purchaser and Guarantor of Mortgage (if any)

Sometimes required: If granting mortgage (other than vendor take-back). Search against guarantor not required if expressly waived by lender.

O F F - T I T L E S E A R C H E SRealty Tax and Local Improvements Always required: Where provided, verbal or online responses are acceptable. If not available, we will accept the vendor’s undertaking to pay all outstanding

taxes to the date of closing or as shown on the Statement of Adjustments, and an undertaking to readjust.

Where realty taxes for a new house or condominium have not yet been separately assessed, you may obtain on closing the builder’s undertaking to readjust. For resale of recently constructed houses or condominiums, see Hotsheet in Help menu on application websites.

Gas Arrears Sometimes required: Where supplier municipal and charges form a lien on the property that would bind a subsequent owner.

Where provided, verbal or online responses are acceptable. If not available, we will accept the vendor’s undertaking to pay all charges to the date of closing.

Water and Sewage Arrears Sometimes required: Need not be done if: (a) included in common expenses for condominium; (b) new home and receiving undertaking to readjust/ pay any amounts owing from vendor.

Where provided, verbal or online responses are acceptable. If not available, we will accept the vendor’s undertaking to pay all charges to the date of closing.

Arrears of Charges for Equipment Purchased/Rented from Utility Supplier

Sometimes required: Need only be done where: (a) notice of the utility supplier’s interest is registered on title; or (b) lawyer or client knows there is equipment which was purchased from utility supplier and is not fully paid for, or is rented.

Technical Standards and Safety Authority (TSSA) (re: registration of underground oil tanks)

Sometimes required: Where property heated by oil from an underground oil tank or where the lawyer is otherwise aware that there is an underground oil tank on the property. A verbal response is sufficient.

Building Department Not required where: (a) vacant land; (b) condominium; (c) new home under $2.5 million; or (d) single dwelling unit under $2.5 million, except as stated below.

Required where: (a) 2 to 6 dwelling units, including secondary suites and basement apartments (except new homes under $2.5 million); (b) being purchased under power of sale, foreclosure, court sale, execution, from the Public Guardian and Trustee, tax sale, from a mortgage insurer, trustee in bankruptcy or receiver or from the Crown after forfeiture (except condominiums and vacant land); (c) in City of Greater Sudbury (except new homes under $2.5 million, condominiums and vacant land); or (d) over $2.5 million (except condominiums and vacant land). If this search is required, additional searches must be done for properties in Windsor or unorganized territories. See Help menu on application websites.

Zoning – Confirm Use Permitted Sometimes required: Where: (a) 2 to 6 dwelling units, including secondary suites and basement apartments; or (b) you have reason to believe that year-round occupancy may not be permitted.

Fire Department Work Orders Sometimes required: Where 2 to 6 dwelling units, including secondary suites and basement apartments.

Licensing/Registration of 2 to 6 Dwelling Units

Sometimes required: Where 2 to 6 dwelling units, including secondary suites and basement apartments, and municipality requires permit, registration or licence.

Boarding, Lodging or Rooming House Licence

Sometimes required: Where property is a boarding, lodging or rooming house containing up to 6 rooms or units, and municipality requires permit, registration or licence.

Potability Certificate Sometimes required: Where private water system, client may obtain and deliver.

Unregistered Hydro Easements, Cons ervation Authority, Controlled/Highway Access

Sometimes required: Never required for condominium; otherwise, required where risk factors apply. Risk factors may include: (a) hydro transmission lines, towers or other facilities; (b) bodies of water, wetlands, ravines or cliffs on or near the property; (c) private septic/sewage system and property in an area regulated by a Source Protection Plan under the Clean Water Act, 2006; or (d) frontage on a provincial highway.

Waterfront Inquiries Sometimes required: Where property fronts on lake or river (e.g., shoreline road allowance, waterbed issues, accretion, etc.).

TARION Sometimes required: Where new home.

Occupancy Approval Sometimes required: Where new home. If occupancy approval not available, confirm TARION Certificate of Completion and Possession obtained.

Rent Control Sometimes required: Where purchaser wants opinion on legality of rents re: tenancies being assumed.

S E A R C H E S A R I S I N G F R O M T I T L E S E A R C HCondominium Status Certificate Sometimes required: Where condominium or Parcel of Tied Land with interest in common element condominium, obtain and review current Status Certificate

dated no earlier than 60 days prior to closing. If between 60 and 120 days have passed since the date of the Status Certificate, call for instructions.

Restrictive Covenants Compliance Sometimes required: Where have grounds to believe there is non-compliance based on discussion with purchaser and instead of listing alleged non-compliance on Schedule “A,” want to attempt to establish that there is in fact compliance.

Reciprocal/Cost-Sharing Agreement Sometimes required: No inquiry necessary where agreement between condominiums; otherwise, must obtain status letter.

Summary of Searches for Residential Purchase Transactions

You must enter an exception to coverage in the TitlePLUS application where: (a) a search is required but not done; or (b) search results disclose, or you know of, issues or concerns which will not be resolved on or before closing. Verbal or online search responses are acceptable.

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