Your lawyer will have the title searched at the Registry of Deeds to ensure that there is a good and marketable chain of title showing the ownership of the property to be in the name of the Vendor as described in your Agreement.

You will be notified immediately if they should be find any defects in the title which might hold up the closing. If a major defect in the title is found, their office will file an objection to title with the Vendor's lawyer, which is a letter written on your behalf indicating that the title was not satisfactory and, unless the flaws or defects in title can be corrected by a certain date, the Buyer is not willing to proceed with the transaction. They will then arrange for the Agreement of Purchase and Sale to be declared null and void, and for the return of the deposit.

The search of the title will also indicate whether or not portions of the property have been expropriated and whether or not the property is subject to restrictive covenants, building restrictions, easements, or rights-of -way recorded at the Registry of Deeds. If the title search indicates that your property is subject to these or any other restrictions, they will provide you with the necessary information prior to closing so that you can make sure that nothing will unduly lessen your enjoyment of the property.

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