
CONCERN: A solicitor's opinion does not indemnify the home buyer if the opinion is incorrect but reasonable.
i.e., the home buyer is not indemnified if a problem that could not be identified at closing is identified later.
A Title insurance policy is designed to cover:
- the unpredictable or undetectable such as forgery, fraud, missing heirs
- defects in title such as conflicting interests or ownership of the land
- mortgages or other encumbrances affecting title or the marketability of the title
- compliance risks, such as, non-compliance with restrictive covenants, the existence of work orders & major encroachments
- access-related problems, such as, the absence of a legal right of access to the home
Title insurance may eliminate the need for an up-to-date survey.
Mortgage lenders, including CMHC, are encouraging the purchase of Title Insurance.
Courtesy of: OREA News & Views, November 1997
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