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Should I take out title insurance or not?

As you might expect, buying a property is one of the most significant financial commitments you will make in your lifetime. And buying a house often involves title insurance. This type of insurance can protect you as a buyer and current owner.
 
In this article, we will define what title insurance is, and we will also cover the risks it protects against. Finally, we will help you evaluate whether you really need this type of insurance.
 
What is title insurance?
First and foremost, title insurance protects against losses related to a problem with the property title. This insurance is available for commercial and residential properties, both for purchase transactions and refinancing.
 
Title insurance can also become insurance aimed at compensating the insured who suffers damages up to the coverage amount.
 
Among the most common title insurances, the one a homeowner can obtain at the time of purchasing a property is certainly the most usual. This insurance offers protection comparable to the market value of a property at the time the owner bought it. It is important to note that title insurance for homeowners is not mandatory.
 
What risks are covered by title insurance?
As explained in the previous section, title insurance can also cover other situations that may affect the right to use and occupy a property and potentially cause financial losses.
 
Below, we invite you to review the list of problematic situations in which title insurance could be very useful:
  • Defects in property titles;
  • Non-compliance with municipal regulations;
  • Encroachment on a neighboring lot;
  • Fraud, forgery, or identity theft;
  • The appearance of charges against the property between the signing of deeds and their registration in the land registry;
  • Debts of the previous owner secured by the property, utility bills, property taxes, or unpaid condominium fees;
  • Mortgages related to work done prior to the insurance date;
  • The existence of unknown easements;
  • Errors in survey plans;
  • Irregularities in a location certificate;
  • Errors that occurred during the search and examination of titles.
  • Title insurance also covers legal fees and other costs associated with a claim to clarify a property title. The reimbursement of these fees is added to the amount of compensation the insurer agrees to pay when there is a covered risk that cannot be corrected in any other way.
And in the event of damage covered by title insurance, the insured usually does not have to pay a deductible.
 
Example of title insurance usage
Imagine you buy a house and, a few months after the purchase, an individual claims to be the legitimate heir of the property and wants to claim possession. Without title insurance, you could face high legal fees to defend your property rights. However, with title insurance, you are protected against this type of claim. The insurer will cover the necessary legal fees to defend your property title and, if necessary, compensate you for the losses incurred.
 
Example of title insurance usage: Misplaced shed
Suppose you have installed a shed in your garden. A few months later, you receive a notification from the municipality stating that your shed encroaches on the neighboring property and does not comply with local zoning regulations. Without title insurance, you would be responsible for the costs of moving the shed and any potential fines. However, with title insurance, you are protected against this type of problem. The insurer will cover the costs of moving the shed to comply with municipal regulations, as well as the associated legal fees.
 
When can you purchase title insurance?
Title insurance can be purchased at any time, although it is more common when buying a property or during mortgage renewal. Title insurance remains in effect as long as you are the owner, and if the insurance protects the lender, it remains in effect as long as you have a mortgage with them.
 
Do you really need title insurance?
Title insurance is not mandatory throughout Canada. However, it is strongly recommended to protect yourself as a buyer or existing owner. To make a good decision, we advise you to discuss it with your notary, mortgage advisor, or insurance broker to fully understand the benefits of acquiring title insurance. Once you have all the information, you will be able to make an informed decision based on your specific needs.
 
Who can sell you title insurance?
Damage insurance brokers are the only representatives authorized to sell you title insurance. However, a notary or even a lawyer can represent you with insurers if you mandate them and if they are not paid by the insurer to do so.
 
Rest assured that at Planiprêt, our advisors can guide you to qualified professionals who will be able to advise you well on acquiring title insurance.

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RATES OF

2025-04-01 00:00:00

TERMS BANKS MORTGAGE PLANNERS
6 months Fixed 7.84% 7.50%
1 Year Fixed 7.74% 5.54%
2 Years Fixed 7.34% 4.09%
3 Years Fixed 6.94% 3.99%
3 year closed Variable 6.35% 4.95%
4 Years Fixed 6.74% 4.04%
5 Years Fixed 6.79% 3.94%
5 years Variable 5.40% 4.00%
Refinance Fixed or variable 8.15% 4.14%
7 Years Fixed 7.10% 4.44%
10 Years Fixed 7.25% 5.04%
HELOC 5.95% 5.45%

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