To buy a house then move the fence

[Carpetness]

In the process of buying a property. It's a semi detached house with a courtyard garden out the back which is fenced in but the back fence is on a weird slant. Behind is a business (a place they do up cars by the looks of it)

Anyway got the paper work from the solicitor and it shows the property we are buying covers the house but looks like the garden we own is bigger than the fence gives us. There is a "road" up the side which it says we would own but have to allow the business access to (fair enough)
The business looks like they own a bit of yard but the rest is ours. When looking round they've got loads of old scrap dumped in it.
Would be we in our rights to get it back? I know there's rights if you fence off property for so long but it's our property that's fenced off a bit if that makes sense.

No point asking a bunch of randoms on mumsnet. Ask your solicitor

If it's crucial to get it then get some good advice on things like adverse possession before you buy it. Have you checked the deeds of the property with the business on it to see if the land you're talking about is showing as part of that demise?

You need to ask your solicitor this, it depends on how long they have used the land and what rights they have.

No one can guess for you.

This is something you need to ask the solicitor and they will give you a clear legal answer to fall back on

As others have said, you will need proper legal advice specific to your situation. If it turns out that you do own the bit they have dumped their rubbish in, then act on it as soon as you own the property.

God don't ask us, we don't have a scooby. Ask your solicitor.

Thanks I'll ask 😁. I think I'm more worried I'll start an accidental war with them 😂

I can tell this & if they have had the fence up in this position for more than about 10 years it may well be adverse possession & its very difficult -read expensive - to deal with.
However you get your solicitor to ask direct question about this & when the fence was put there & that before you exchange you want this established (ie can you have the fence moved back?)
sometimes its worth a compromise with the neighbour to get bit more land (by the by its a rule on mn that you should do a diagram )
Guess who has experience with boundaries & adverse possession says she with gritted teeth

Why would you not just ask your solicitor as soon as it occurred to you?ifs what you're paying for, it's part of their service,

Forget the fence for a moment – are you sure you want to buy a house backed onto a business that deals in cars and scrap? The prospect of noise and pollution would put me off as much as doing battle over a scrap of land.

It's up to the seller's solicitor to ensure that the deeds are correct, don't exchange until it's been properly fenced off in line with the title deeds.

Also get your solicitor to check whether a legitimate business is being run from the site or someone doing it without planning. On a lovely summer's day you could find yourself listening to engines turning over, noise and pollution. Could be a nightmare