A cloud on title is any claim, annotation, or instrument that appears valid but is not — and it quietly destroys your ability to sell or mortgage the property.
Filing the action
The remedy is an action for quieting of title, filed in the court where the property sits. You must show legal or equitable title and prove the rival claim is invalid.
- Certified True Copy of the title
- Tax declarations for the property
- Receipts of realty tax payments
- Any deed showing your chain of ownership
Double sales happen, especially with provincial land. The buyer who registers first in good faith generally prevails — which is why registration should never be postponed.
