I'd rather use fixme and note tags instead of encoding uncodified information
in well-established tags.
The wiki page [1] explains a bit the difference: "The fixme key allows
contributors to mark objects and places that need further attention. These can
be in the form of a "note to self" or request for additional mapping resources.
Its distinction from note=* is that fixme is only to express that the mapper
thinks there is an error, while note might be information to other mappers."
If it's reasonable to think tagging can be improved (e.g. initial tagging was a
bit rushed and better tagging is expected based on site survey or imagery),
than a fixme note looks suitable.
In the case you describe ("nothing suggesting that further survey will reveal
what the legal situation is"), a note looks suitable to document there was a
site survey and explain why "it was obvious that it was not obvious" (that is
to say: explaining the elements causing your perplexity conveys much richer
information than tagging "unknown").
And you could also start a discussion on the mailing list and link to it from
the note, so other mappers are aware of the discussion and can contribute.
[1] https://wiki.openstreetmap.org/wiki/Key:fixme
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