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Title Disputes

What do you do about a lien, easement or claim registered on your property?

Anything registered on title binds you and will block a sale or refinancing until it is resolved. The most common surprises are construction liens, undischarged mortgages, easements and rights-of-way nobody mentioned, and encroachments revealed by a survey. Title insurance covers some of these, which is the first thing to check.

What to do next

  1. Order the parcel register and read what is actually registered

    Get the full register through a lawyer or authorised provider — not a summary. It lists every instrument affecting title, with dates that often explain how the problem arose.

  2. Check your title insurance policy

    Title insurance commonly covers undischarged charges, certain fraud, and some survey and encroachment issues. Notify the insurer promptly; late notice can prejudice coverage.

  3. Deal with liens on their own timeline

    Construction liens expire and must be perfected within short statutory periods. An expired lien can be discharged; a valid one must be addressed or bonded off before you can close a sale.

  4. Get a current survey for boundary and encroachment issues

    A Surveyor's Real Property Report establishes what is actually where. Many boundary disputes dissolve once a current survey exists, and none can be resolved without one.

Frequently asked questions

Can I sell with a lien on title?

In practice no — a buyer's lawyer will require discharge or a holdback. Resolve or bond it off before listing.

Does title insurance cover this?

It covers defined risks including some undischarged charges, fraud and survey issues. Read the policy and notify the insurer early.

There's an easement nobody told me about.

If it was registered before closing it generally binds you, and your lawyer's search should have disclosed it. If it was missed, that may be a claim against the lawyer or the title insurer.

My neighbour's fence is on my land.

Get a current survey first. Depending on how long it has been there, adverse possession or a boundary agreement may be in play, and both need legal advice.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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Go deeper

Guides, Forums & Where This Is Decided

Background reading and the bodies that hear title disputes matters.

Related guides

  • The Legal Side of Buying a Home

    The legal steps in a home purchase: conditions that protect you, title and searches, the closing process, and how Quebec's notarial system differs.

Where this is decided

All courts & tribunals