Best Conveyancing Lawyers in Ontario

1. About Conveyancing Law in Ontario, United States

Note: Ontario is a province in Canada. The following guide uses Ontario, Canada law as the basis. If you meant Ontario, California or another U.S. jurisdiction, conveyancing rules differ significantly and you should consult a local attorney in that area.

In Ontario, conveyancing covers the legal process of transferring ownership of real estate from seller to purchaser. The system relies on two main registration tracks: the Land Titles system and the Registry system. The Land Titles Act governs the Torrens-style title registration for most properties, while the Registry Act still applies to certain classes of records and older registrations.

Conveyancing involves several steps: due diligence on title, drafting or reviewing agreements of purchase and sale, arranging financing, coordinating mortgage discharge or registration, and completing the closing with proper registration of documents at the land registry. Ontario lawyers, also called solicitors or lawyers, oversee these steps to ensure title validity and compliance with applicable statutes and regulations.

Practitioners in Ontario perform tasks such as title searches, examining title for liens or encumbrances, coordinating with lenders, and registering transfers and mortgages at the provincial land registry. The process integrates with the work of land registry operators and property tax authorities to finalize a legally defensible transfer of ownership.

“Ontario relies on a Torrens-based title system administered through the Land Titles Act, with electronic registration and checks for encumbrances.” Source: CanLII - Land Titles Act

2. Why You May Need a Lawyer

Below are concrete scenarios where engaging a conveyancing lawyer in Ontario is essential to protect your interests and avoid costly mistakes.

• Purchasing a single-family home in Toronto with a complex mortgage condition - The solicitor reviews the offer, ensures conditions are satisfied, and coordinates title clearance and mortgage registration to prevent post-closing disputes.
• Buying a condo unit with multiple lenders and a timing constraint - A lawyer coordinates with the condo corporation, confirms all disclosures, and ensures precedent documents are correctly filed to avoid breach of the condo rules at closing.
• Receiving a title search showing a lien or judgment - The attorney negotiates payoffs or negotiates releases, and advises on title clearance before transfer to you as the new owner.
• Dealing with probate or estate transfers of real property - An executor or administrator needs advice on transfer requirements, tax implications, and proper registration after probate or estate settlement.
• Conveyancing for a co-ownership or tenancy-in-common arrangement - A lawyer drafts or reviews a co-ownership agreement and ensures the title reflects the intended ownership shares and rights of survivorship.
• Claiming first-time home buyer rebates and avoiding missteps in Land Transfer Tax - A solicitor explains eligibility, applies rebates, and ensures accurate tax calculations during closing.

3. Local Laws Overview

Ontario relies on several statutes to govern real property transfers. The following are core statutes commonly involved in conveyancing transactions. For the current text and amendments, consult CanLII.

• Land Titles Act, R.S.O. 1990, c. L-5 - Governs the Torrens-based title system and registration of land titles. This Act sets out how title is created, registered, and transferred, and how liens or encumbrances are shown on title. [CanLII]
• Registry Act, R.S.O. 1990, c. R.20 - Governs the registry system for land records that are not under the Land Titles Act and the administration of registry offices. [CanLII]
• Land Transfer Tax Act, R.S.O. 1990, c. L.8 - Imposes Ontario land transfer tax on conveyances of land and contains details on rebates and calculations for buyers. [CanLII]

Recent trends in Ontario conveyancing include digital registration and the ongoing modernization of land records. While the core statutes remain in force, practitioners increasingly rely on electronic documents and online registration workflows. Always verify the current text of each statute via CanLII before relying on a specific provision.

4. Frequently Asked Questions

What is conveyancing in Ontario?

Conveyancing is the legal process of transferring real property ownership from seller to buyer. It includes due diligence, contract review, financing coordination, and registration of transfers with the land registry.

How do I start the conveyancing process?

Meet with a licensed Ontario solicitor to review your purchase agreement, obtain a title search, and set up the closing date. The lawyer will coordinate with lenders and prepare the necessary registrations.

When should I hire a conveyancing attorney?

Hire early after you have a signed offer. Early involvement helps identify title issues, discharge of prior liens, and conditions that affect closing timelines.

Where can I find official information on Ontario real property laws?

Consult CanLII for the current statutes and regulations. Use the Land Titles Act, Registry Act, and Land Transfer Tax Act sections for conveyancing matters. Land Titles Act (CanLII), Registry Act (CanLII), Land Transfer Tax Act (CanLII)

Why might I need title insurance in Ontario?

Title insurance protects against title defects not found in a standard search, such as undisclosed easements or fraud. Your solicitor can advise on whether title insurance is appropriate for your transaction.

Can I handle conveyancing myself to save costs?

Some tasks can be done without counsel, but complex issues such as liens, encumbrances, and mortgage registrations are high-risk. A licensed solicitor reduces risk and ensures compliance with Ontario law.

Do I need a lawyer for a condo purchase in Ontario?

A condo purchase involves reviewing condo documents, rules, and financials in addition to standard title work. A solicitor ensures you understand the corporation's duties and restrictions before closing.

Is there a difference between a cashier's check and a certified cheque for closing funds?

Yes. Your lawyer will specify the acceptable funds for closing by the lender and registrar. Use the form requested by your solicitor to avoid delays at closing.

What is the typical timeline for a closing in Ontario?

Closings usually occur within 30 to 60 days after an accepted offer, depending on financing, title clearance, and conditions in the purchase agreement.

Do I need to be present in Ontario to sign documents?

Some documents may be signed remotely using digital or in-person methods. Your solicitor will guide you on the required signatures and witnesses for Ontario law.

What is the difference between an attorney and a solicitor in Ontario?

Ontario uses the terms lawyer, solicitor, and barrister in various contexts. The primary regulatory term is licensed lawyer or solicitor; the common practice is to hire a "lawyer" for real estate closings.

How much does a typical Ontario conveyancing matter cost?

Legal fees vary by transaction and complexity. Expect fees for title work, document preparation, and closing coordination, plus disbursements such as searches and registrations.

What are the steps to transfer title after closing?

After closing, the lawyer registers the transfer at the land registry and provides you with title proof. This may take several days to weeks depending on processing times.

5. Additional Resources

These resources provide official information related to Ontario conveyancing and real property law.

• CanLII - Land Titles Act, R.S.O. 1990, c. L-5: statute text and amendments. CanLII
• CanLII - Registry Act, R.S.O. 1990, c. R-20: statute text and amendments. CanLII
• CanLII - Land Transfer Tax Act, R.S.O. 1990, c. L-8: statute text and amendments. CanLII

6. Next Steps

1. Define your conveyancing needs by listing seller details, property type, and any special conditions in the offer.
2. Search for a local Ontario solicitor who specializes in real estate and understands the registry system.
3. Book an initial consultation to discuss scope, timelines, and anticipated costs; ask for a written engagement letter.
4. Prepare documents: offer, mortgage, property details, and any existing title documents; gather heart-of-title information.
5. Have the solicitor review the agreement, perform a title search, and identify any encumbrances or liens.
6. Confirm closing date and ensure funds are ready; provide instructions for wired funds and disbursement payments.
7. Attend closing with your solicitor; receive title and registration confirmation and obtain copies of all closing documents.