Property
Canada — Property: Legal Checks
Core due-diligence checks before buying in Canada include a title search (conducted by the buyer's lawyer to confirm clear ownership and identify liens/encumbrances) and, for condominium purchases, a Status Certificate (also called an Estoppel Certificate) — a mandatory document under provincial condo legislation (e.g. Section 76 of Ontario's Condominium Act) disclosing the condo corporation's finances, outstanding special assessments, ongoing legal actions, reserve fund status, and any liens tied to the specific unit. Status certificates typically take about 10 days to process and cost around $100 in Ontario, with expedited processing available for a fee. A property survey (or Real Property Report in some provinces) confirming boundaries and any encroachments is also standard due diligence, particularly for detached homes.
Key facts
- Title search (via lawyer) confirms clear ownership and reveals any liens/encumbrances.
- Status/Estoppel Certificate is mandatory for condo purchases, disclosing finances, special assessments, legal actions, and reserve fund status.
- Status certificates take ~10 days to process and cost ~$100 in Ontario (expedited processing available for a fee).
- A property survey or Real Property Report checks boundaries and encroachments, particularly important for detached homes.
Steps
- 1. Order a title search — The buyer's lawyer searches the land registry for liens, encumbrances, and confirms clear title.
- 2. Request the Status Certificate (condos only) — Obtain from the condo corporation; review finances, special assessments, and any legal actions before waiving conditions.
- 3. Review or commission a property survey — Confirms boundaries and flags any encroachments, especially important for detached homes.
Costs
- Ontario Status Certificate (standard): ~$100
Timelines
- Status Certificate processing: ~10 days
Required documents
- Title search results
- Status/Estoppel Certificate (condos)
- Property survey/Real Property Report
Common mistakes
- Waiving the Status Certificate review condition before a lawyer has actually examined it for special assessments or pending litigation.
- Skipping a fresh survey and relying on an outdated one that doesn't reflect recent additions or fencing changes.