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Title is the legal right of ownership to a property, registered in the applicable provincial land registry or land titles system, which identifies the registered owner and any registered charges against the property.
Title is the bundle of legal ownership rights to a property, recorded electronically in each province’s own land registry or land titles system — Canada has no single national property registry. The registration shows who owns the property and what, if anything, is registered against it.
A mortgage does not transfer title to the lender. Instead, when a lender advances funds, it registers a charge (called a hypothec in Quebec) against title as security for the loan — see Lien. Title can also be held in different ways — joint tenancy with right of survivorship or tenancy in common — which carry different legal consequences on death or sale.
Before closing, a lawyer or notary confirms title is clear through a title search and often recommends title insurance, then registers the transfer of title and the new mortgage charge simultaneously on closing day.
Provincial systems, not federal: each province and territory runs its own land registry or land titles system recording ownership and registered charges.
A mortgage doesn’t transfer title: a lender registers a charge, or in Quebec a hypothec, against title rather than taking ownership of the property.
How you hold title matters: joint tenancy with right of survivorship and tenancy in common carry different legal consequences, which lawyers and notaries explain before closing.
Verified before funds are released: a lawyer or notary confirms title is clear through a title search, and often recommends title insurance, before the lender advances mortgage funds.
Definitions reflect Canadian federal and provincial rules as of the “Updated” date above. Not advice for any specific file.
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