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In the past, having a land Survey was considered essential in most Ontario real estate transactions.
A Survey shows the exact boundaries of a property, the location of buildings, fences, easements, rights-of-way, and any encroachments. It helps buyers confirm what they’re purchasing—and ensures there are no nasty surprises after closing.
But in today’s market, many buyers close deals without a current Survey.
Why? The increasing use of Title Insurance.
Title Insurance is a policy that protects buyers and lenders from a range of title-related issues, including boundary disputes, unknown encroachments, and zoning violations—often without the need for a Survey.
It’s a one-time premium, and the coverage lasts as long as you own the property. For many, it’s a cost-effective alternative to commissioning a new Survey, which can be expensive and time-consuming.
That said, while Title Insurance provides broad protection, it does not offer the same clarity as a Survey. For example, if you want to build a fence or addition right up to your property line, a Survey is still your best bet to avoid future disputes with neighbours.
Sellers are not legally required to provide a Survey, but if one exists, they should provide it to the buyer. If no up-to-date Survey is available, most buyers proceed with Title Insurance instead.
The bottom line? Title Insurance often makes a Survey optional—but not obsolete. It comes down to your comfort level, the property type, and your future plans. For peace of mind, talk to your real estate lawyer to decide what’s right for your transaction.
As always, I’m here to help make sure you know exactly what you’re buying—and what’s protecting you.
Source : Gord Mohan
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