Title search done. The land was surveyed, both by the previous owner and the county did its own survey.
I won't put up a fence because that would be asinine. Either I'll charge them a dollar a year for rent or trade it for a piece of county property I have my eye on to raise up a small building.
Your situation happens, but it is rare, luckily for me since it is a legal mess. The road should never have been put there. What I suspect in the cases like that that I have been involved with is that the owner of the land at the time the road was put in was politically connected (or was one of the good-ol-boys with the county supervisor) and had a long private driveway put in at taxpayers expense. After the area was divided into "acreages", other people started using it and it became a defacto road. Still doesn't make it right. It should never have been put there. It should be closed off and abandoned, but that is rarely done.