Property conveyancing in The Gambia

Bring the legal review into the transaction early.

Contact Solie Law Chambers while the purchase or sale terms are still being discussed. The legal review should establish what is being transferred, who has authority to transfer it and which matters need to be resolved before completion. Tell us immediately if a deposit has already been paid or an agreement signed.

The stages to discuss

1. Define the transaction

   Identify the property, parties, price, intended use and timetable. Agree the scope of the legal review.

2. Review the documents and enquiries

   Examine the available ownership records, seller’s authority and the further searches or information required. Consider unresolved title, boundary, occupation or access questions.

3. Agree the terms

   Review the property description, payment conditions, obligations, completion arrangements and what happens if a condition is not met.

4. Prepare for signing and completion

   Confirm the documents, signing authority and agreed payment arrangements. Check the requirements before signing overseas or using a representative.

5. Address the remaining formalities

   Identify the stamping, consents and registration steps applicable to the transaction, and the completed documents and records to retain.

Which documents should a buyer or seller prepare?

The starting bundle should include the available deed or lease, earlier transfer documents, plans, receipts and any draft sale agreement. A seller should also identify occupiers, mortgages or other interests, and any dispute affecting the property.

If somebody signs for an owner, include the proposed authority. Where the owner is a company or an estate, identify the relevant company or administration documents. The precise requirements depend on who owns the interest and how it will be transferred.

Prepare a list of missing records rather than assuming that copies or explanations will be sufficient. The initial review can then identify which originals, certified records or further enquiries are needed.

What should the sale agreement say about payment and completion?

Record the parties, the property and interest being transferred, the price and the currency. Explain the deposit arrangements and identify conditions that must be satisfied before the balance becomes due.

The agreement should address the documents to be delivered, any consents still required, occupation or vacant possession, the proposed completion date and the consequences of delay. If a mortgage or other obligation must be cleared, establish how that will be dealt with in the transaction.

For staged payments, identify the event that triggers each instalment and the evidence needed to confirm it. A payment schedule should fit the legal and practical steps rather than run independently of them.

Legal checks and the physical property

A document review does not establish the physical condition or value of a property. Discuss whether a survey, valuation, building inspection or planning advice is also needed and who will arrange it.

The title documents, form of tenure and circumstances determine the enquiries required. Ask which issues the available records establish and which remain open.

What should happen after the transfer is signed?

Signing is a milestone, but the file may still require applicable stamping, consent or registration work. Agree who is responsible for each remaining step and how you will receive confirmation of completion.

Keep an organised record of the signed agreement, transfer instrument, receipts, plans, approvals and resulting registration documents. Ask for a clear note of outstanding issues or obligations, such as payments under a lease or a later application.

If registration is delayed, distinguish a missing submission from an application awaiting an official response. A progress report should identify the stage reached and the next action required. Avoid treating a payment receipt alone as the complete record of your purchase.

Overseas signing, fees and timing

If you will be abroad, discuss whether a power of attorney is appropriate and what the receiving authority requires. Do not assume a document signed overseas will be accepted without further formalities.

Searches, missing documents, consents and the other parties can affect timing. Ask for an estimate covering the agreed legal work and identifying taxes, registry charges and other expenses separately. Read our fees guidance and property questions.