Power of Attorney and Real Estate in Ontario: The Teraview Rules

Yes, a POA Can Sell Property — But the Rules Are Strict

An attorney acting under a valid Continuing Power of Attorney for Property can sell, purchase, mortgage, and transfer real estate in Ontario. The SDA grants broad authority over the grantor's property, and real estate falls squarely within that scope.

But Ontario's electronic land registration system — Teraview — imposes additional requirements on POA-based transactions that go well beyond what's needed for a standard sale. These requirements exist because real estate fraud using forged or invalid powers of attorney has been a persistent problem in Ontario, and the Land Registry Office has responded with zero-tolerance policies.

The Two-Lawyer Rule

For most real estate transactions conducted under a power of attorney, Ontario requires two separate lawyers:

• One lawyer represents the person granting the POA (the transferor — the person whose property is being sold or transferred)
• A different lawyer represents the buyer (the transferee — the person acquiring the property)

The lawyer acting for the transferor must provide a formal "law statement" within Teraview confirming that:

• The POA is valid and has not been revoked
• The attorney is acting in good faith and within the scope of their authority
• The transaction is in the best interests of the grantor

This two-lawyer requirement exists specifically to prevent a single lawyer from facilitating both sides of a potentially fraudulent transaction. It adds cost — two sets of legal fees instead of one — but the Land Registry Office considers it a necessary fraud prevention measure.

Exceptions are narrow. The two-lawyer rule can be relaxed for:

• Transfers between family members (parent to child, between spouses)
• Transactions in remote communities where no other lawyer operates within a 200 km radius

Even with these exceptions, the lawyer must still provide the law statement and certify the POA's validity within Teraview.

Teraview's Privacy Requirements

Teraview has a strict policy against registering documents that contain private personal information. If your Continuing POA includes any of the following, the Land Registry Office will reject the registration:

• Social Insurance Numbers (SINs)
• Passport numbers
• Bank account numbers
• Driver's licence numbers
• Health card numbers
• Any government-issued identification numbers

This seems straightforward, but it creates a real problem for families who drafted their POA with a "belt and suspenders" approach — including identification details to help banks and other institutions verify the attorney's identity. A POA that works perfectly for banking might be rejected outright by the land registry.

The fix is drafting the CPOA without personal financial or identification details in the body of the document. If verification is needed (and banks often want it), those details can go into a separate identification letter or affidavit that accompanies the POA but doesn't get registered on title.

Registering the POA at the Land Registry

Before the attorney can deal with real estate under the POA, the document typically needs to be registered at the Ontario Land Registry Office. Registration creates a public record that the POA exists and provides the land registrar with evidence of the attorney's authority.

Registration costs:

• Power of Attorney search fee: $20.34 (including HST — $18.00 base plus $2.34 HST)
• Registration fee: ask the Land Registry Office or the transaction lawyer about the applicable fee

Once registered, the POA remains on the land registry records unless a revocation is also registered. If the grantor later revokes the POA, the revocation should be registered at the same Land Registry Office — otherwise, the public record still shows valid authority, which creates legal complications if someone relies on the registered (but revoked) POA.

Common Problems That Stall Transactions

Real estate lawyers in Ontario regularly encounter these POA-related problems:

The POA is a non-continuing type. A general (non-continuing) power of attorney terminates when the grantor loses capacity. If the grantor has dementia and the POA doesn't include "continuing" language, the document is invalid and the transaction can't proceed. The family then faces a guardianship application — adding months and thousands in legal fees.

The POA names the wrong type of attorney. A Power of Attorney for Personal Care has zero authority over property transactions. Only a Continuing Power of Attorney for Property authorizes real estate dealings.

The POA contains restricted provisions. Some CPOAs include limitations — for example, prohibiting the sale of the family home, or requiring the consent of another person before any real property transaction. If the POA restricts the specific transaction the attorney is trying to conduct, the lawyer cannot provide the required law statement.

The attorney is also the buyer. Self-dealing — where the attorney purchases the grantor's property for themselves — raises serious conflict-of-interest concerns. Obtain independent legal advice before attempting such a transaction; a lawyer may require additional safeguards or court involvement.

The POA hasn't been registered. Registration and title requirements should be confirmed with the transaction lawyer before proceeding. An unregistered or poorly documented POA can create uncertainty in the title chain and delay the transaction.

Getting It Right From the Start

The simplest way to avoid real estate complications is to draft the Continuing POA for Property with Teraview requirements in mind from the beginning:

• Exclude all personal identification numbers from the document body
• Include clear "continuing" language that survives incapacity
• Grant explicit authority for real estate transactions (the SDA default is broad, but explicit language prevents disputes)
• Name alternate attorneys in case the primary attorney has a conflict of interest with a particular transaction
• Consider whether any restrictions on property dealings are appropriate — and draft them precisely if so

The Ontario Power of Attorney Kit includes a Teraview-compliant CPOA guidance section covering the two-lawyer rule, registration procedures, privacy requirements, and the specific language that real estate lawyers look for when providing their law statements.

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