The PYB Blog

It's great to see someone asking this question before spending months going about a claim in ineffective ways! Technically speaking you can make the claim yourself, or hire a lawyer to make it for you.

In our experience, making a title insurance claim yourself can be a frustrating and time consuming process, putting you and your legal expertise up against a large insurance company's legal department. Not only that, but you don't know if you're getting everything that you could or if the title insurance company is manipulating your lack of experience.

In Toronto a new survey for a standard residential property will cost $1,800 and up, depending on the surveyor, how much research they will invest in, the size and shape of your lot and the specifics of what you need it for.

Typically surveys are done in 2-4 weeks however some survey firms like ours offer "express" options to get them done in less.

There are five title insurance companies in Canada: Stewart Title, First Canadian Title, Chicago Title, Travellers, and TitlePLUS. Only TitlePLUS is a Canadian company operated by the Law Society of Upper Canada.

The remainder are US companies. So yes, there is a choice. It's important to know that while their policies are substantially similar, they do differ in the nature of certain aspects of their coverage.

Hi SandraDee.

Question 1: do I have to buy title insurance. 

Answer: No, unless your lender (bank, mortgage company) has it as a condition of their loan to you, which most do. If you're not beholden to a lender then it is absolutely a choice for you.

Question 2: What does title insurance do?

Answer: Big topic, but in summary, it insures you, your lender and your lawyer against defects

Hi Karen;

Maximum peace of mind will be gained by hiring a surveyor to do a boundary inspection for you. I'm sure you have a home inspection planned...get the land professionals to check out the boundary (or rather the structures and features that are close to it) for you. that way you'll know for sure.

Thanks for your question.

Yes, it still exists, but the nature of how it works and who can claim has changed.

Here's a great blog post with all the details:

https://www.protectyourboundaries.ca/blog/adverse-possession-viable-or-not

Hi JP.

It depends. If it's just a required document for the closing process, it will likely suffice because it will show the location of the property as well as the location of its boundaries and their dimensions. However, a subdivision plan does not usually show the building foot print or any other physical features on the property.

If your buyer is asking for an SRPR (surveyor's real property report) then the subdivision plan will not suffice.

Hi Jamie;

Yes, they are the same thing. Technically we're talking about a land survey plan which is also known as a survey plan, a survey, and sometimes a property survey. Other (unofficial) terms are also common, including land survey record and property line survey to name a couple.

Hi John;

Technically, and in most jurisdictions, this is trespass. However, enforcing any sort of remedy can be challenging. In some municipalities (like the City of Toronto) one can apply for a temporary permit to access a neighbouring property for a specific purpose such as building or repairing a fence. This process takes time and money and is usually a last resort when neighbours are in an adversarial situation. Check with your local building/permit department in North York to see if they have similar processes.

This is a tough one because we have boundary issues coming together with (what sounds like) harassment and abuse.

Assuming you are in Ontario, our advice would be to hire a lawyer - one who specializes in boundary-related litigation. This is your clearest path to understanding the full scope of options available to you.