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## Thinking About That Charming 1890s Farmhouse on the Hill?
Before you fall in love with those original hardwood floors and wrap-around porch, let's talk about what might be hiding in the property's past. Brown County's older homes tell fascinating stories, but some chapters can create expensive surprises at closing. After years of examining property records in this area, certain red flags appear repeatedly - and catching them early can save you thousands of dollars and months of headaches.
The truth is, many buyers get so caught up in the romance of vintage properties that they skip the detective work. They see the charm but miss the clues that something isn't quite right with the ownership history. Smart buyers know that every old house in Brown County has a story, and some stories include complications that can derail your purchase or renovation plans.
## When Deed Language Doesn't Match Reality
Old property deeds in Brown County often contain language that sounds like it was written by someone speaking in riddles. You might see phrases like "beginning at the old oak tree by the creek" or "bounded by the stone fence that runs to the neighbor's well." These colorful descriptions worked fine in 1920, but they create problems today when that oak tree is long gone and nobody remembers where the stone fence used to stand.
More concerning are deeds with unusual restrictions or rights that previous owners agreed to decades ago. We've seen properties where the original deed granted the neighboring farm permanent access to a well, or where mineral rights were sold off separately in the 1950s. These details might not affect your daily life, but they can complicate refinancing or future sales.
What to do: Ask your agent for copies of all previous deeds, not just the most recent one. Look for any language that mentions rights, easements, or restrictions. If the legal description mentions landmarks instead of precise measurements, request a current survey to make sure the boundaries are clear.
## The Mystery of Missing Easement Records
Brown County's rural nature means many properties have easements for everything from utility lines to old logging roads. The problem with older homes is that some of these easements were created through handshake agreements that were never properly recorded. Your dream property might have a utility easement running right through your planned garden spot, or an old logging road that technically gives someone else the right to cross your land.
We frequently discover easements that don't show up in standard title searches because they were recorded in different ways decades ago. Sometimes they're mentioned in passing in old deeds, or they exist through "prescriptive use" - meaning someone has been using a path across the property for so long that they've gained legal rights to continue.
What to do: Walk the entire property and look for signs of regular use by others - worn paths, utility markers, or areas that look maintained but aren't near the house. Ask neighbors about any traditional access routes. Request that your title team specifically search for any mention of easements in all historical documents, not just current records.
## Tax Surprises from Previous Owners
Brown County's property tax records can harbor surprises from previous owners that become your responsibility. We've seen cases where special assessments for road improvements or sewer connections weren't properly transferred when properties sold. Sometimes agricultural tax exemptions were improperly applied, creating a debt that follows the land, not the previous owner.
The most common issue involves properties that were split from larger parcels years ago. The original tax assessments might not have been properly divided, leading to confusion about which portion of old tax bills applies to your specific lot. This is especially tricky with properties that were carved out of family farms over several generations.
What to do: Request a complete tax history for the property going back at least 10 years. Look for any gaps in payments, special assessments, or dramatic changes in assessed value that might indicate problems. Verify that any agricultural exemptions were properly removed when the land use changed.
## Gaps in the Ownership Chain
Every property should have a clear chain of ownership that connects each sale from the original land grant to the current owner. With older Brown County properties, this chain sometimes has missing links - periods where it's unclear who actually owned the property or how it transferred from one owner to another. These gaps often occur during estate settlements, divorces, or business dissolutions that weren't properly documented.
Family properties are particularly prone to chain-of-title issues. When grandparents pass away and leave property to multiple children, sometimes the paperwork doesn't get filed correctly. Years later, when one family member tries to sell, they discover they don't actually have clear title because their siblings' interests were never properly resolved.
What to do: Insist on seeing the complete chain of title before making an offer. If there are any gaps or unclear transfers, ask your title team to research further. Don't assume that because someone has been paying taxes and living on the property that they necessarily have clear legal ownership.
## When to Insist on Additional Protection
Some title issues can be resolved before closing, but others require additional insurance protection. If your title search reveals any of these red flags, consider requesting specific endorsements to your title insurance policy. These endorsements provide extra coverage for known risks that standard policies might not fully protect.
For properties with easement concerns, an endorsement can protect you if someone later claims access rights that weren't properly documented. If there are questions about boundary lines, survey coverage can protect against disputes with neighbors. When there are gaps in the ownership chain, additional coverage can protect against someone later claiming an interest in your property.
The key is identifying these issues before you're emotionally committed to the purchase. Once you've fallen in love with a property, it's tempting to minimize potential problems. But addressing title concerns upfront - even if it means walking away from a particular house - protects your investment and your peace of mind.
Your title team should be your partner in this detective work, not just a service provider checking boxes. The right professionals will take time to explain what they've found and help you understand how any issues might affect your plans for the property. After all, buying a home should be exciting, not a gamble on hidden legal problems.
Get in touch [here](https://browncountytitleco.com/)!
Request a current survey to establish clear, precise boundaries. Old landmark-based descriptions can create problems since those physical markers may no longer exist, making it difficult to determine exact property lines.
Yes, certain special assessments and agricultural tax exemption issues can follow the land rather than the previous owner. Request a complete 10-year tax history and verify that any exemptions were properly removed to avoid inheriting these debts.
Walk the entire property looking for worn paths, utility markers, or maintained areas away from the house, and talk to neighbors about traditional access routes. Some easements were created through handshake agreements or prescriptive use and may not appear in standard title searches.
A gap means there's a period where it's unclear who owned the property or how it transferred between owners, often due to improperly documented estate settlements or family transfers. This can mean the current seller doesn't actually have clear legal title to sell the property.
Endorsements are additional coverages that protect against specific known risks not fully covered by standard title insurance policies. You should consider them when issues like easement concerns, boundary disputes, or ownership chain gaps are discovered during your title search.