Loading blog content, please wait...
By
You've found the perfect property in Brown County. The wooded acreage looks exactly as described, the driveway placement makes sense, and you've already mentally placed your garden where the current fence line meets the clearing. But here's something most buyers don't realize until it becomes a problem: physical markers on a property—fences, tree lines, even driveways—don't always match the legal boundaries that determine what you're actually buying.
Property boundary verification is one of those behind-the-scenes parts of a real estate transaction that only gets attention when something goes wrong. And in Brown County, with our mix of older parcels, rural acreage, and properties that have changed hands for generations, boundary questions come up more often than you might expect.
Every property has a legal description that defines its exact boundaries. Unlike a street address, which just helps the mail carrier find your house, a legal description is a precise written record of your property's location and dimensions. During the title search process, we examine this description carefully because it's the foundation of everything else we verify.
In Brown County, you'll typically encounter one of three description formats:
The first step in boundary verification is making sure the legal description in your purchase agreement matches what's recorded in the deed history. Discrepancies here can indicate anything from simple clerical errors to more serious ownership questions.
We don't just look at the current deed. A thorough title search traces the legal description back through previous owners to verify consistency. Sometimes we discover that a description was shortened or altered in a past transaction, potentially leaving out important details about easements or boundary adjustments.
In Brown County's rural areas especially, we often find properties that were split from larger family farms decades ago. Each division should have been properly surveyed and recorded, but that didn't always happen. We look for any gaps in the chain of descriptions that might indicate unresolved boundary questions.
What happens when we discover a boundary issue during the title search? The answer depends on the nature and severity of the problem.
Fence line disputes: When an existing fence doesn't match the legal boundary, we determine whether adverse possession could be claimed or if a boundary line agreement was ever recorded. Often, getting a survey and having both neighbors acknowledge the true boundary resolves the matter.
Easement conflicts: Unrecorded easements or confusion about easement locations require careful documentation review. We search for recorded easement agreements, examine historical use patterns, and verify what rights actually run with the land.
Access questions: In rural Brown County properties, legal access to public roads is essential. We verify that the property either directly touches a public road or has a recorded easement providing access.
Even with careful verification, boundary disputes can emerge years after closing. Someone might claim that an old survey was wrong, or a neighbor might dispute where the actual property line falls. Title insurance protects you from financial loss if a boundary claim proves valid and affects your ownership.
The policy covers legal fees to defend your ownership and compensates you for any loss in property value if a boundary issue reduces your acreage or affects your use of the land. This protection continues as long as you own the property.
Clear communication about boundaries starts early in the transaction. If you have specific concerns about property lines—maybe you want to build a fence, or you've noticed markers that don't seem to match the plat—raise these questions when you open escrow.
We can often address boundary concerns proactively by ordering a new survey, researching recorded boundary agreements, or clarifying what existing documents show. Waiting until a few days before closing to raise boundary questions can delay your transaction or leave issues unresolved.
For properties with complex boundary histories or where you plan improvements near property lines, investing in a new survey provides peace of mind and creates a clear record for future owners. We can recommend qualified surveyors familiar with Brown County's terrain and recording requirements.
The legal description that defines your property boundaries is more than technical language in your deed—it's the precise definition of what you're buying. Through careful review of those descriptions, examination of survey documents, and resolution of any discrepancies we discover, title professionals ensure that the property boundaries you expect are the boundaries you actually receive. When you understand what goes into boundary verification, you can make informed decisions about surveys and address potential concerns before they become closing-day surprises.
Physical markers like fences, tree lines, and driveways don't always match the legal boundaries that determine what you're actually buying. The legal description in your deed defines the precise property boundaries, which may differ from where previous owners placed fences or other visible markers.
While not always required, a new survey is recommended for properties with complex boundary histories or if you plan improvements near property lines. Title professionals can help determine if your specific situation warrants a survey and can recommend qualified local surveyors.
Title insurance protects you from financial loss if a boundary dispute arises after closing, even years later. The policy covers legal fees to defend your ownership and compensates you for loss in property value if a boundary issue is proven valid.
The three types are: Metes and Bounds (using compass directions and distances), Lot and Block (referencing recorded subdivision plat maps), and Government Survey (dividing land into townships, ranges, and sections). Each method provides a precise written record of property location and dimensions.
You should raise boundary concerns early when you open escrow, not days before closing. Early communication allows title professionals to proactively address issues by ordering surveys, researching boundary agreements, or clarifying existing documents without delaying your closing.