Should I complete a title search before signing the offer to make sure there are no easements on title?

Usually, title searches are completed after the agreement of purchase and sale is signed and prior to the title search date noted on the agreement of purchase and sale. In certain circumstances, however, you may wish to complete a title search prior to signing the agreement of purchase and sale.

The standard OREA form of Agreement of Purchase and Sale contains a clause that sets out that certain types of easements such as municipal and utility easements are acceptable encumbrances on title. This means that as the buyer, after signing the agreement of purchase and sale, you will not be able to take issue with a hydro easement or a sewage easement. 

In certain circumstances, however, you may want to make sure there are no easements on title at all. This could for example be the case if you plan to carry out construction on the property. In these circumstances, it may be a good idea to ask your lawyer to complete a title search prior to making an offer.