Title Insurance Covered Risks

The Covered Risks are:

1. Someone else owns an interest in your Title.

2. Someone else has rights affecting your Title arising out of leases, contracts or options.

3. Someone else claims to have rights affecting your Title arising out of forgery or impersonation.

4. Someone else has an Easement on the Land.

5. Someone else has the right to limit your use of the Land.

6. Your Title is defective.

7. Any of Covered Risks 1 through 6 occurring after the Policy Date.

8. A document upon which your Title is based is invalid because it is not properly signed, sealed, delivered or registered.

9. Someone else claims to have rights affecting your Title arising out of fraud, duress, incompetency or incapacity.

10. You do not have both actual vehicular and pedestrian access to and from the Land, based upon a legal right.

11. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the covenant, condition or restriction is excepted in Schedule B.

12. Your Title is lost or taken because of a violation of any covenant, condition or restriction which occurred before you acquired your Title, even if the covenant, condition or restriction is excepted in Schedule B.

13. There is a lien or charge on your Title because of:

• a Mortgage;
• a judgment, tax, special assessment, or public utility account; or
• a charge by a condominium corporation.

14. After the Policy Date, a Governmental Authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date.

15. There is a lien or charge on your Title because of a local improvement charge, as to that portion of the total amount of the charge which had accrued prior to the Policy Date.

16. There are charges incurred for public utilities supplied to the Land prior to the Policy Date except for final meter reading charges and charges you agreed to pay.

17. Another person would be permitted to refuse to perform a contract to purchase, lease or make a Mortgage loan because:

• the Land violates a restriction shown in Schedule B;
• of adverse matters that would have been disclosed by an up to date Survey;
• the Land violates an existing zoning by-law or ordinance; or
• your existing structures or any part of them are located on land under the jurisdiction of a conservation authority or similar Governmental Authority without approval.

18. You have Unmarketable Title.

19. There are mechanics’, builders’ or construction liens or legal hypothecs for construction on your Title, for service or material furnished before the Policy Date, unless you agreed to pay for the service or material.

20. Others have rights of possession under any applicable legislation dealing with family law.

21. There is a violation of the provisions of a provincial or territorial act which restrict the subdivision of land.

22. The Land is in violation of a subdivision or development agreement.

23. The existence of work orders, unless you agreed to be responsible for them.

24. You are forced by a Governmental Authority to remove or remedy your existing structures or any part of them, other than a boundary wall or fence, because any portion of your existing structures was built without obtaining a required building permit from the proper Governmental Authority office.

25. You are forced to remove or remedy your existing structures or any part of them, other than a boundary wall or fence, because:

• they violate an existing zoning by-law;
• they encroach onto your neighbour’s land;
• they are located on land under the jurisdiction of a conservation authority or similar Governmental Authority without approval; or
• there is an outstanding notice of violation or deficiency notice.

26. You are forced to remove or remedy your existing structures because they encroach onto an Easement, even if the Easement is excepted in Schedule B.

27. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shrubbery or trees are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B.

28. Your existing structures have been damaged because of the exercise of a right to maintain or use any Easement affecting the Land, even if the Easement is excepted in Schedule B.

29. After the Policy Date, someone else builds a structure, other than a boundary wall or fence, which encroaches onto your Land.

30. Any adverse circumstance affecting the Land which would have been disclosed by a Local Authority Search of the Land at the Policy Date.

31. Any incorrectness in a written statement received by you from a Governmental Authority, indicating that there are no defects relating to the Land’s compliance with applicable building and zoning by-laws at the Policy Date.

32. The residence with the municipal address shown in Schedule A is not located on the Land at the Policy Date.

33. Any other defects, liens, charges or encumbrances on your Title.

34. There is a defect in or lien or encumbrance on your Title, or other matter included in Covered Risks 1 through 33, that has been created or attached or has been registered in the Public Records subsequent to Policy Date and prior to the registration in the Public Records of the instrument by which you acquired your Title.