Buying property in The Gambia: your questions

What should I check before paying a deposit?

• The seller’s identity and authority to sell.
• The documents supporting the claimed ownership and earlier transfers.
• The plot’s location, boundaries, survey information and access.
• Any occupiers, leases, charges, restrictions or competing claims.
• The proposed use and any permissions that need checking.
• The contract terms, payment arrangements and conditions for repayment of a deposit.

A site visit, receipt or agent’s assurance does not answer all of these questions. Arrange a review of the particular transaction before committing.

Can I arrange a purchase while living outside The Gambia?

You can begin the legal review and instruct the firm from overseas. Tell us your nationality, where you live, the proposed buyer’s name and the type of property. Eligibility to acquire the particular interest and the arrangements for signing are separate questions.

The location, tenure, intended use and any permissions need to be checked before a commitment is made. Overseas residence should not be confused with nationality, and a general statement about foreign buyers does not establish that a particular seller can transfer a particular plot.

Agree how documents will be supplied, who can give instructions and whether you will attend to sign. If a representative is needed, settle the scope and signing requirements of the authority early.

What does a deed or registration prove?

A deed records a transaction or interest described in it. The review must also examine the person who granted that interest, the earlier documents and the property identified. A registered document still needs to be read in that context.

A payment receipt, local allocation or transfer paper, site plan and deed may each serve a different purpose. Keep all of them and ask what each establishes. Neither a plan showing a plot nor evidence that money changed hands answers every ownership question.

Check whether the names, dates, plot size and boundaries agree across the records. Missing links or conflicting documents should be addressed before relying on the seller’s claimed authority.

What should I check if the property is leasehold?

Ask for the lease and any documents transferring it to the seller. Review the original term, the time left, rent or other payments, use restrictions, repair obligations and conditions affecting a transfer. Check what the documents say about expiry and renewal.

If the proposed purchase concerns only part of a larger site, establish how that part is identified and what rights it will have over shared access or facilities. The contract should describe the interest actually being transferred.

Is my deposit refundable if the purchase does not proceed?

The answer depends on the agreement and why the transaction stops. Before paying, record who will hold the money, what conditions must be met, when it may be released and the circumstances in which repayment is due.

Distinguish a reservation payment from an instalment under a sale agreement. Clarify deductions, time limits and the procedure if documents or approvals are unsatisfactory. Keep the signed terms and proof of payment, and verify payment instructions independently if they change.

Does buying property allow me to build or change its use?

Treat ownership and permission for the intended project as separate enquiries. A proposed extension, subdivision, rental operation or commercial development may raise planning, access, utility and other approval questions.

Explain the intended use before the contract is agreed. Where an approval is essential to your plans, discuss whether the purchase should depend on obtaining it and what happens if it is refused or delayed.

Can somebody sign for me?

A power of attorney may be appropriate. Its scope, signing arrangements and acceptance by the relevant parties or authorities need to be checked before it is used. Tell the firm where you and your proposed representative are based.

How long will the purchase take?

A reliable estimate depends on the documents and the work still outstanding. Missing records, searches, consents, disputed rights and the readiness of the other party can all affect the timetable. Identify any proposed completion date at the start.

What should the cost estimate include?

Ask for the purchase price, legal fees, taxes, registry costs and any survey, valuation or other professional charges to be identified separately. A listing price may not include the full cost of acquiring and preparing a property for your intended use.

What if an agent or developer is involved?

Clarify who each person represents, who will receive payments and whether anyone has a financial interest in the sale. The associated Gambia Property Sales website carries listings; a listing enquiry and a legal retainer are separate. Ask about the practice’s role in your particular transaction.

I have already paid or signed. What now?

Keep copies of the agreement, receipts and correspondence. Explain what has happened and any promised completion date when contacting the firm. The next step is to assess the documents and the options available in your circumstances.