I am thinking of mortgaging my property in Monmouth, does my lawyer need to be on the Yorkshire BS Solicitor panel?

In theory, you could use a solicitor that is not on the Yorkshire BS conveyancing panel, but Yorkshire BS would require one of their panel solicitors to be instructed to act in their interests, and you'd have to pay for this - so most people instruct a panel solicitor. It's also easier, as otherwise you'd have to deal with two solicitors for the same conveyancing matter.

I know that there are debates on Chancel Insurance on online forums. Do I require this when purchasing a residence in Monmouth? or I am told that there is a law dating back centuries that could mean that house owners residing in a parish church boundary will be compelled to contribute towards maintenance to the chancel within the church. Is this applicable for conveyancing in Monmouth?

Unless a previous purchase of the premises took place after 12 October 2013 you could take it that solicitors conducting conveyancing in Monmouth to continue to propose a a chancel search and or insurance against a claim.

I used Stirling Law a few years ago for my conveyancing in Monmouth. Now, I need the documents however cannot find the solicitor. What do I do?

Do contact the Solicitors Regulatory Authority (SRA) to assist in tracking down your conveyancing files. They can be contacted on please contact on 0870 606 2555. Alternatively, you should use their online form to make an enquiry. You will need to provide the SRA with as much information as possible to assist their search, including the name and address in Monmouth of the conveyancing firm of solicitors you previously retained, the name of conveyancing solicitor with whom you had dealings, and the date on which you last had dealings with the firm.

Yesterday I discovered that there is a flying freehold issue on a house I have offered on a fortnight ago in what was supposed to be a quick, no chain conveyancing. Monmouth is where the house is located. Can you shed any light on this issue?

Flying freeholds in Monmouth are unusual but are more likely to exist in relation to terraced houses. Even though you don't necessarily need a conveyancing solicitor in Monmouth you would need to get your solicitor to go through the deeds very carefully. Your mortgage company may require your conveyancing solicitor to take out an indemnity policy. Some of the more diligent conveyancing solicitors in Monmouth may ascertain that this is not enough and that the deeds be re-written to give you the most up to date legal protection. If so, the next door neighbour also had to sign up to the revised deeds.It is possible that your lender will not accept the situation so the sooner you find out the better. You should also check with your insurance broker as to whether they will insure a flying freehold property.

Do you have any top tips for leasehold conveyancing in Monmouth from the point of view of speeding up the sale process?

• Much of the frustration in leasehold conveyancing in Monmouth can be avoided where you get in touch lawyers as soon as your agents start marketing the property and ask them to collate the leasehold information which will be required by the buyers’ solicitors.
If you have had conflict with your landlord or managing agents it is essential that these are resolved prior to the flat being put on the market. The buyers and their solicitors will be warry about purchasing a property where there is an ongoing dispute. You will have to accept that you will have to discharge any arrears of service charge or resolve the dispute prior to completion of the sale. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the buyers, but it is better to present the dispute as historic rather than ongoing. You may think that you are aware of the number of years left on your lease but it would be wise to double-check via your conveyancers. A buyer’s lawyer will be unlikely to recommend their client to proceed with the purchase of a leasehold property the remaining number of years is less than 75 years. It is therefore essential at an early stage that you consider whether the lease for your property needs extending. If it does, contact your solicitors before you put your home on the market for sale. Some Monmouth leases require Licence to Assign from the landlord. If this is the case, you should notify your estate agents to make sure that the purchasers put in hand bank and professional references. Any bank reference will need to confirm that the buyers are able to meet the annual service charge and the actual amount of the service charge should be quoted in the bank’s letter. You will therefore need to provide your estate agents with the actual amount of the service charge so that they can pass this information on to the purchasers or their solicitors.

Monmouth Conveyancing for Leasehold Flats - A selection of Queries before buying

This question is important as a) areas may result in problems for the block as the common areas may begin to deteriorate if repairs remain unpaid b) if the leasehold owners have an issue with the running of the building you will need to have all the details In the main the cost for major works are not wrapped into the maintenance charges, albeit that a few managing agents in Monmouth obliged leasehold owners to contribute towards a sinking fund and this is used to offset against larger works. It is important to be aware whether changing the roof or some other significant cost is coming up to be shared by the leaseholders and could well dramatically increase the the maintenance charges or result in a specific payment.