L'assurance titre est-elle obligatoire au Québec ?

Non pour l'acheteur, mais elle peut être exigée par le prêteur hypothécaire comme condition d'approbation du prêt. La police du propriétaire est optionnelle mais recommandée.

L'assurance titre remplace-t-elle le certificat de localisation ?

Pas complètement. Le certificat de localisation reste la référence pour décrire l'état physique et cadastral. L'assurance titre peut cependant permettre d'accepter un certificat plus ancien pour finaliser une vente.

Combien coûte l'assurance titre au Québec ?

La prime est payée une seule fois entre 200 et 500 dollars pour une propriété résidentielle typique, selon la valeur de l'immeuble et le type de police.

L'assurance titre couvre-t-elle les vices cachés ?

Non. Les vices cachés matériels (fondations, toiture) relèvent du recours en vices cachés du Code civil du Québec. L'assurance titre couvre uniquement les défauts juridiques du titre.

Peut-on souscrire une assurance titre après l'achat ?

Oui, certaines polices rétroactives existent pour les propriétaires actuels qui n'en ont pas souscrit. Les modalités et exclusions diffèrent.

L'assurance titre est-elle transférable au nouvel acheteur ?

Non. La police est propre à l'assuré. Quand vous vendrez, le nouvel acheteur devra souscrire sa propre police.

Y a-t-il une franchise en assurance titre ?

Généralement non. La plupart des polices indemnisent sans franchise, à hauteur du montant assuré.

L'assurance titre couvre-t-elle un condo ?

Oui pour les copropriétés divises et indivises, avec des modalités adaptées à chaque forme de copropriété.

Informative guide · Quebec 2026

Title Insurance—Complete Guide to Quebec

What is title insurance? How does it protect a buyer of a house or condo in Quebec? This guide explains everything you need to know before signing at the notary’s office, without jargon.

Young Quebec couple in front of their new property — an informative guide to title insurance

Real estate protection

What is title insurance?

Title insurance — often referred to simply as title insurance — is an indemnity insurance policy that protects the owner (or their mortgage lender) against defects or defects affecting the title of a building: unpaid charges, encroachments, fraud, false documents, cadastral errors, undeclared easements, etc.

In Quebec, it is regularly taken out when buying a house or condo, often offered by the notary or mortgage lender, and sometimes used as a replacement for a recent certificate of location.

💰

$200–500

Typical single premium

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For life

As long as you own

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1 time

Premium paid at signing

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Legal fees included

Legal defence included

The Two Types of Title Insurance Policies

There are two separate policies, often purchased together at the time of real estate purchase.

For the buyer

Owner’s policy

Protects your investment in the building — the amount insured is usually the purchase value. Remains in force for as long as you are the owner, with no additional premium to pay.

Typical single premium: $200–350

For the mortgage lender

Lender’s policy

Protects the bank or lender up to the mortgage balance. Often required by the lender as a condition of loan approval. You pay the premium, but the lender is the beneficiary.

Typical single premium: $150–300

What does title insurance protect against?

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Fraud and falsification

Fraudulent sale by a person pretending to be the owner, falsification of the seller’s signature, false deed of sale.

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Unpaid charges and liens

Legal hypothecs, unpaid municipal and school taxes, contractor’s bills, judgments registered on the immovable before the sale.

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Encroachment and cadastre

Construction of the neighbour that overflows onto your land, your own building that encroaches on the neighbour’s property, measurement error in the old certificate of location.

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Undeclared easements

Easements of way, view, or public utility (Hydro-Québec, aqueduct) affecting your land and that did not appear at the time of purchase.

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Work without a permit

Renovations or additions made by the previous owner without a municipal permit, discovered after the purchase and required to be regularized.

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Legal Defense

The insurer pays the lawyer’s fees to defend the title in the event of a dispute in court, even if the dispute ends in your favour.

What title insurance does NOT cover

Title insurance is powerful but is not a blank cheque. It does not cover:

Defects known and disclosed at the time of subscription
Latent material defects (foundations, roofing, plumbing — this is the role of the building inspection and the recourse for latent defects)
Environmental issues (soil contamination, mould, radon, buried tank) — separate specialty insurance
Post-purchase municipal zoning changes
Family disputes (division of assets, disputed inheritance) that arose after the subscription
Events insured by the home insurance policy (fire, theft, water damage)

Title insurance vs. certificate of location vs. notarial opinion

These three instruments are often confused. Here are their complementary roles:

Cost visible easements$ opinion Insurance

Instrument	Role	Typical	Nature
Certificate of location	Land surveyor’s report describing the current condition of the building and its boundaries, encroachments, and	1,000–$2,500	Professional observation
Notary’s	Analysis of previous titles over 30 years (chain of title), reporting of known charges, preparation of the deed of sale	$1,500–$2,500 (aggregate)	Legal Diligence
Title	Financial compensation and coverage of legal costs if a defect appears after the purchase	$200–500 (one-time premium)	Insurance contract

The three are complementary. None completely replaces the others — but title insurance can allow the notary to agree to complete the transaction with an old certificate of location, if it is dated less than 10-15 years, which speeds up the closing.

When is title insurance particularly useful?

Buying an older home

The older the property, the more opportunities the chain of title has to contain historical defects (improperly regulated estates, unclear subdivisions, uncorrected encroachments).

Old certificate of location

When the seller does not provide a recent certificate (less than 5-10 years old), title insurance can avoid ordering a new one at ~$1,500 to complete the sale.

Purchase with recent renovations

If the previous owner has done major work (extension, major renovation), there is a greater risk that a permit will be missing or that the structure will encroach.

Purchase in inheritance or divorce

Transactions resulting from an inheritance or a division of family wealth can leave ambiguities in the chain of title that resurface later.

Real Estate Fraud (Current Context)

Cases of identity theft fraud (the sale of a home by an impostor) are on the rise in North America. Title insurance is the only concrete protection against this risk.

Buying a divided condo

Divided co-ownerships can have issues related to common elements, unpaid royalties or unauthorized modifications — title insurance covers many of these areas.

The main title insurers present in Quebec

Few players share the title insurance market in Canada. The main ones available in Quebec (tentative list):

FCT (First Canadian Title)

Chicago Title

Stewart Title

TitlePLUS (LSO/Bar)

The title insurance policy is usually taken out via the notary at the time of signing the deed of sale. The notary will present you with the options.

Frequently asked questions

Is title insurance mandatory in Quebec?

Not for the buyer, but it may be required by the mortgage lender (lender’s policy) as a condition of approval of the loan. The owner’s policy is optional but highly recommended.

Does title insurance replace certificate of location?

Not completely. The certificate of location remains the reference to describe the current physical and cadastral condition of the property. However, title insurance may allow the notary to agree to finalize the sale with an older certificate (usually less than 10-15 years old), which avoids ordering a new one at around $1,500.

How much does title insurance cost in Quebec?

The premium is paid only once at the time of signing the deed of sale. For a typical residential property in Quebec, expect to pay between $200 and $500 depending on the value of the building and the type of policy. The owner’s policy then remains in effect for as long as you are the owner, with no recurring premiums.

Does title insurance cover hidden defects (foundations, roof)?

No. Latent material defects (structure, roof, plumbing, electricity) fall under the recourse for latent defects provided for in the Civil Code of Quebec, against the seller. The purpose of a building inspection is to detect them before purchase. Title insurance only covers legal defects affecting the title.

Can I take out title insurance after purchase?

Yes, some retroactive policies exist for current owners who did not purchase them. The terms and exclusions are different (defects known to date can no longer be covered). This should be discussed with a notary or a specialized broker.

Is title insurance transferable?

No. The policy is specific to the insured (you). When you sell the property, the buyer will have to take out their own policy if they wish. The policy remains in force for your benefit as long as you own it — even 30 years after purchase.

Is there a deductible in title insurance?

Generally not. Most title insurance policies indemnify without deductible, up to the amount insured (often the purchase value for the owner’s policy). Some specific coverages may have a separate limit.

Does title insurance cover a divided or undivided condo?

Yes for both types of co-ownership, but the terms and conditions differ. For a divided condo (the most common), the policy covers your private unit and your share of the common elements. For an undivided owner, it covers your undivided percentage in the building.

Sources and references

Chambre des notaires du Québec — Guide to real estate transactions and title insurance sheets
Autorité des marchés financiers (AMF) — regulatory framework for damage insurance in Québec
Insurance Bureau of Canada (IBC) — fact sheets on title insurance in Canada
Act respecting land surveyors and the Regulation respecting the standard of practice relating to certificates of location
Civil Code of Québec — provisions on warranty of title and latent defects (ss. 1723 et seq.)

This content is published for informational purposes only and does not constitute legal advice. Consult your notary or a lawyer for any particular situation.

To go further

Guide

Assurance habitation au Québec — vue d’ensemble

Guide

Assurance copropriété (condo) au Québec

Ressource

Urgence sinistre 24/7

Last updated: July 2, 2026