Walt, I think if you went back in the records, it was done "all legal". What happened is that people built roads, and had to maintain them themselves. Then at some point, the county came along and said "If you'll just give us a right of way (or in some cases, easement), we'll take over the road and maintain it". There weren't very many people stupid enough to turn down that deal, and so the county road system came to pass.
I'd be willing to bet that when you bought your place, the legal description said "less roads" or some such. At least in Washington, the taxable acreage will reflect the part lost to roads- a 40 with roads on 2 sides will show an acreage on the county records of 38.xx acres.
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