easement in rural s.d.

What is the name of your state? south dakota we live in a rural area and our neighbors land which adjoins ours has an access road running through it, feet from his property line in some areas. inasmuch as the land was not really usable being divided that way, when we were fencing our livestock in, he told us to just use the road as the boundary. we did, that was 8 years ago. the land has just sold and the new owners want us to move the fence. we contend that it is an easement we have spent much time and money fencing, to move it would create an unnecessary burden for us. are we correct in our assumption that it is an easement? thank you .

[HomeGuru]

[quote]Originally posted by SunshineWyatt
[b]What is the name of your state? south dakota we live in a rural area and our neighbors land which adjoins ours has an access road running through it, feet from his property line in some areas. inasmuch as the land was not really usable being divided that way, when we were fencing our livestock in, he told us to just use the road as the boundary. we did, that was 8 years ago. the land has just sold and the new owners want us to move the fence. we contend that it is an easement we have spent much time and money fencing, to move it would create an unnecessary burden for us. are we correct in our assumption that it is an easement? thank you .

**A: no, because there is no easement agreement recorded on title.