Chain of title

When a business sale includes the building or land, a buyer can ask its lawyer whether to look past today’s registered owner to the owners before. That history is the chain of title. A title search shows the current position; the chain is built from the records behind it.

What the sources say

Ontario’s Records of Site Condition regulation (O. Reg. 511/09) requires, for a phase one environmental site assessment, an up-to-date chronological chain of title showing the owners’ names and dates of ownership, based on a title search going back to the date of the first developed use of the property, subject to the exception it sets out. The Land Title and Survey Authority of British Columbia says a title will not show chain of ownership, that understanding it requires research and records that may not be public, and that a registry agent or other legal professional can help. This entry does not cover other provinces’ registries.

What to ask

• Which registry system covers the land, and who will search it
• How far back the search needs to go, and why
• Whether any earlier owner’s registered interest is still on title

See what public registries show about who owns a business or its assets and title search.