PROPERTY AND LAND
Legal advice for property investment in The Gambia
A clear legal structure for the property, the people investing and the way the project will operate. Advice for individuals, business owners and professional clients.
What legal questions should an investor settle first?
Before committing to land, rental property or a development, identify the interest being acquired, the people contributing funds and the intended use. Solie Law Chambers can review the legal arrangements for acquisition, ownership and operation.
A sound document structure cannot establish future rental income, resale value or investment suitability. Financial forecasts, valuation and your wider investment decisions need their own assessment. Our work should be agreed around the legal questions affecting the proposed transaction.
Should the property be held personally, jointly or through a company?
The choice depends on who is investing, control of the asset, funding, intended use and plans for a later sale or succession. Review the consequences before the buyer is named in an agreement.
For joint investors, record contributions, ownership interests, decision-making and who may sign or borrow. A company structure also requires consideration of governance and ongoing obligations. See company formation and business partnership agreements. A particular structure should not be selected on an assumed tax saving.
Which checks support the investment decision?
The legal review should address the seller’s authority, available title records, the property description, existing occupation and restrictions relevant to the intended use. For a development, consider access, planning, approvals and infrastructure alongside the acquisition terms.
Use our due diligence checklist to organise the initial information. For larger sites, see development land acquisition. Technical and commercial findings should be considered alongside the legal review before an unconditional commitment.
How will the property earn income and be managed?
If the plan depends on rental income, review the tenancy terms, permitted use, collection of payments, maintenance and how disputes or arrears will be handled. A management arrangement should define authority, reporting, spending limits and access to records.
For commercial premises, discuss fit-out responsibilities, operating permissions and what happens when an occupier leaves. Our commercial property services and rental agreement guidance address these issues.
What if there are lenders, several investors or a developer?
Clarify whether money is being advanced as a loan, an ownership contribution or a payment for a future property. Review the repayment or distribution terms, any security, control of the project and the consequences of a funding shortfall.
Raising money from other investors can introduce separate regulatory and disclosure questions. Do not assume that describing an arrangement as a club, partnership or property fund resolves them. Our banking and finance team can discuss the Gambian legal issues within an agreed scope.
What happens if an investor wants to leave?
Agree how a sale, transfer, disagreement, death or failure to contribute will be handled. Consider valuation, approval rights, repayment of borrowing and access to the records needed to establish each person’s position.
Overseas investors should also consider advice in their home jurisdiction where relevant. See our overseas property investment guide. Ask for a written scope and fee estimate covering the proposed work and any separate advisers required.
CONTACT SOLIE LAW CHAMBERS
Discuss the legal structure of your investment.
Outline the property, intended use, people or organisations investing and the stage reached. Mention any funding or signing deadline.
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