LEGAL GUIDANCE
Development land in The Gambia: legal feasibility before purchase
Test the proposed project against the land, access, approvals and funding assumptions before committing to acquisition.
What is the proposed development?
Describe the intended buildings, use, scale, access and phasing. A housing scheme, commercial site and tourism project need different enquiries. Include the intended exit: sale of plots, completed units, long-term rental or retention by the investor.
Give the advisers the available land records, plan and preliminary technical information. A broad description of the area does not identify the exact land or demonstrate that it can support the intended project.
Which issues can prevent the plan from working?
- Uncertainty about ownership, boundaries or the seller’s authority.
- Occupation, competing claims or restrictions on the proposed use.
- Inadequate legal or physical access.
- Missing planning, environmental or other approvals that need investigation.
- Unconfirmed utility, drainage or infrastructure arrangements.
Allocate technical and legal questions to the appropriate advisers. A lawyer’s document review does not establish ground conditions, construction cost or commercial demand.
How should the acquisition agreement address uncertainty?
Identify the checks and approvals needed before the buyer commits fully. Discuss whether the agreement should contain conditions, a defined investigation period or other protections suited to the transaction. The seller must agree the actual terms; an internal project plan does not create contractual rights.
Link the payment timetable to clearly described obligations and evidence. Review any deposit carefully and avoid assuming that it is recoverable if the project later proves unsuitable.
What should the feasibility decision record?
Prepare a written list of confirmed facts, unresolved questions, costs requiring estimates and conditions that affect the decision. Separate legal feasibility from the investment appraisal. A positive answer on one does not establish the other.
For the wider project, see preparing a land investment brief and the property development service. Once the proposal moves towards construction and sales, review the development contracts and plot-sale arrangements.
Related guidance
Published by Solie Law Chambers. Updated . General guidance; the advice for your matter depends on its facts and applicable law.
CONTACT SOLIE LAW CHAMBERS
Discuss a development site
Tell us the location, proposed use and scale, ownership information available and whether you are negotiating, under contract or already the owner.
Start with a brief summary. Please do not send passport numbers, bank details or sensitive documents in this first message. We can explain what is needed for the next stage.
Prefer to speak or email? +220 437 2522 · info@solielaw.gm
Read about fees and instructions. Sending an enquiry does not confirm that the firm has accepted instructions or is acting on a deadline. If your matter is urgent, telephone the office and ask whether assistance is available.