Buying a home in Everest and wondering what title insurance really covers? You are not alone. Between deeds, liens, and old easements, it can be hard to know what risks still lurk in the background. In this guide, you will learn what title insurance does in Kansas, what it does not do, and the Brown County details that matter for your closing. Let’s dive in.
Title insurance basics in Kansas
Title insurance protects you from financial loss caused by covered title defects that existed on the policy date but were not found in the public record or by the title search. You pay a one-time premium at closing, and coverage lasts as long as your insured interest. That means an owner’s policy typically protects you and your heirs while you hold title.
Two policy types are common in Kansas: owner’s and lender’s. Local title companies and attorneys issue these policies under Kansas Insurance Department regulations, often using ALTA-type forms and endorsements.
Owner’s policy
An owner’s title insurance policy protects your ownership up to the policy amount, usually the purchase price. It can cover issues like forged documents, unknown heirs, recording errors, and certain undisclosed liens that predate your policy. Coverage is subject to exceptions and conditions listed in your commitment, so reading that document matters.
Lender’s policy
A lender’s or mortgagee policy protects the lender up to the loan amount. It does not protect your equity. If you are financing, your lender will almost always require this policy, and you should still ask for an owner’s policy for your own protection.
How recording works in Brown County
Your ownership becomes effective against third parties when properly recorded with the Brown County Register of Deeds. A standard title search reviews deeds, mortgages, judgments, liens, easements, and probate records to confirm the chain of title. The title company also checks with the County Treasurer or Appraiser for property taxes and any special assessments.
In rural settings around Everest, searches often look closely for older easements, access rights, and possible mineral reservations. Depth of search can vary by company and the clarity of the chain of title.
What owner’s policies typically cover
Owner’s policies in Kansas usually cover losses from defects that existed on the policy date, including:
- Forged signatures or improper acknowledgments.
- Unknown heirs who surface after an earlier deed.
- Recording errors, mis-indexing, or missing public record documents.
- Prior undisclosed liens and encumbrances not found in the search.
- Fraud in title documents that harms your ownership.
What title insurance does not cover
Title insurance is not a catch-all. Common exclusions and exceptions include:
- Matters shown in public records on the policy date, such as recorded easements or covenants listed as exceptions.
- Unrecorded interests or rights of parties in possession, like certain prescriptive easements or tenants, unless insured by endorsement.
- Zoning, building code, and other governmental issues.
- Environmental contamination or liabilities.
- Survey and boundary issues unless you obtain a current survey and the related endorsement.
- Taxes not yet due and payable, and anything that happens after the policy date.
Endorsements to consider in Brown County
Endorsements adjust or expand your coverage to fit the property. In Everest and nearby rural areas, ask about:
- Survey-related endorsement. Offers limited protection around boundary or encroachment issues when you provide an up-to-date survey.
- Access endorsement. Confirms you have legal access to a public road.
- Mineral rights endorsement. Useful where mineral estates have been severed or oil and gas leases exist.
- Zoning or land use endorsements. Limited coverage for certain zoning matters.
- Homestead or marital status endorsements. Helps address spousal rights or signature needs under Kansas law.
- Easement and HOA-related endorsements. Tailored to recorded covenants or community rules.
Rural Everest realities to check
Rural properties can have unique title considerations. You will want to confirm:
- Agricultural leases or crop liens and how they transfer.
- Utility, pipeline, or drainage easements that affect use.
- Mineral reservations or old oil and gas leases in the chain of title.
- Access via county roads or private road agreements, and how maintenance is handled.
- Floodplain designations that may affect lending or insurance.
Who pays and what it costs
Title insurance premiums are a one-time cost paid at closing. The owner’s policy is usually priced on the purchase price, and the lender’s policy is priced on the loan amount. Who pays for the owner’s policy can vary by local custom and negotiation, so ask your agent and title company what is typical in Brown County and get a written quote.
How the process works for buyers
- Receive the title commitment from the title company.
- Review the exceptions and requirements, and work with your team to clear items like payoff of liens or releases.
- Choose endorsements that fit the property, such as survey, access, or mineral rights.
- Confirm property taxes and any special assessments are current or will be handled at closing.
- Close, record, then receive your final owner’s policy.
Quick checklist before you close
- Obtain and read the title commitment early. Focus on the exceptions.
- Request an owner’s policy even if your lender requires its own policy.
- Ask which endorsements are available and what they cost.
- Verify taxes and special assessments with the Brown County Treasurer or Appraiser.
- For rural tracts, confirm access, road maintenance, mineral status, and any agricultural leases.
- Check recorded easements, covenants, and restrictions with the Register of Deeds.
- For questions about homestead rights, spousal signatures, or probate issues, consult a Kansas real estate attorney or an experienced local title officer.
- Get a written estimate of title premiums and closing costs before you sign.
How long coverage lasts and how claims work
Owner’s coverage usually lasts as long as you or your heirs own the property. A lender’s policy lasts until the loan is paid off. If a covered defect appears, you submit a claim to the insurer listed on your policy. The insurer’s duties typically include defending your title, curing the defect where possible, or paying covered losses up to policy limits, subject to policy terms and conditions.
Work with a local guide
Title is one of the most important parts of your closing and one of the easiest to overlook. With the right plan, you can protect your equity and avoid surprises at the table. If you are buying or selling in Everest or anywhere in Brown County, our team can help you review your title commitment, coordinate with your title company, and choose sensible endorsements for your property. Connect with RE/MAX ONE to get clear next steps.
FAQs
What does owner’s title insurance cover in Kansas?
- It typically covers loss from defects that existed on the policy date, such as forged documents, unknown heirs, certain recording errors, and undisclosed liens, subject to listed exceptions and policy conditions.
Does a lender’s policy protect me as a buyer in Everest?
- No. A lender’s policy protects only the lender’s mortgage interest. You should request your own owner’s policy to protect your equity.
What title issues are common with rural Brown County properties?
- You often see older easements, access questions on private roads, agricultural leases, potential mineral reservations, and floodplain considerations that should be checked during the title review.
Who usually pays for the owner’s policy in Brown County, KS?
- Payment is based on local custom and negotiation, and it can vary. Ask your agent and title company what is typical and get a written quote with your closing costs.
How long does owner’s title insurance last for a home in Everest?
- It usually lasts as long as you or your heirs own the property, while a lender’s policy lasts until the mortgage is paid off.
Can I insure against boundary issues without a survey?
- Standard policies often exclude survey and boundary matters. To address those risks, provide a current survey and ask your title company about a survey-related endorsement.
