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Gambia Property Law - Legal Formalities & Associated Property Conveyancing Costs in Gambia
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Legal Formalities & Associated Property Conveyancing Costs in Gambia

Just as in European Law it is always recommended that a purchaser/seller of property/land instruct a reputable solicitor/conveyancer to act for them so it is equally advisable in The Gambia. If necessary we have a firm of highly qualified Gambian Lawyers/Barristers (and part-time Magistrates), fluent in English and other languages, who will be delighted to act for you in any land transactions you wish to undetake.

Land in the Gambia is registered at the Property Registry (an organisation just like the English Land Registry), where you can confirm immediately whether the seller owns the property free of any liens and encumbrances. Just as in Europe, however, there is still plenty of land/property which remains as yet unregistered. To avoid any ensuing confusion it is necessary for European purchasers/sellers to understand the difference between the terms freehold and leasehold used both there and in Gambia. These terms have very different implications in Gambia to those in Europe. In Gambia there is no such thing as absolute ownership of land and property. This is because all the land is ultimately owned by the Government and is leased to any private purchaser for a period of 99 years but this confusingly DOES NOT constitue leasehold land. This land/property can be either leasehold or freehold depending on whether or not it has been registered at the Property Registry. If it is unregistered it has a freehold status, whereas registered land/property is denoted leasehold. It is important to register previously freehold land/property as leasehold at the Property Registry during the purchasing process thus documenting your unequivocal ownership of the same

Click here:- A Paper Delivered by Dr. Henry D.R. Carrol, the Solicitor General and Legal Secretary, at the Gambia Tourism Authority Workshop at the Senegambia Beach Hotel, on Thursday 7th June 2007

Conveyancing Process

Unless an immediate cash payment is made in full, the conveyancing process.is conducted by a private contract being drawn up by the respective lawyers determining the property, purchase price, form of payment, date of completion, date of possession etc. Just as in European law a deposit, usually 10% of the purchase price, is paid on the signing of the Contract for a standard completion period within approximately 30 days.

On payment of the balance of the purchase price the seller will issue a public deed of conveyance to the purchaser, free of liens and encumbrances. This deed is issued and passed to the Tax Office to be assessed for Capital Gains Tax and Stamp Duty and then sent to the Property Registry for formal registration.

Costs Involved in Property / Land Ownership in The Gambia

The purchase price of the property or land as with most conveyancing transactions is dependant upon many factors, the most prevalent being location, size and quality of the property/land being tendered. .

There are yearly payments due both for land rent and local rates. Land rent is a minimal sum which is indicated on the lease document

Other Costs Involved in Gambian Property Purchase

As with most conveyancing transactions the purchase price is dependant upon a number of factors predominantly location, size and quality of the property/land being tendered.

There are annual payments for land rent and local taxes to be made. The land rent is a minimal fee and indicated on the lease document where the property is purchased as leasehold land.

Local rates are based on the rateable value of the land assessed by the Tax Office. The rateable value accounts for both the land and building value dependant upon type, location and use class. When this value is decided the Area Council determines the percentage to be charged for local rates. These rates are also minimal. .

Gambian Taxes Involved in Land/Property Purchase

· Alkali Tax

· Municipal Tax

· Income Tax

General Summary of Fee Structure

Total official costs involved in purchasing property should be around 1%.

Lawyer's fees - approx.10% of the selling price (dependant upon the solicitor's set fees).

Agents are paid by the seller unless otherwise agreed (approx. up to 10% of the purchase price)

Gambian Buildings Insurance

Building insurance is available and is recommended. Please contact us where necessary for further details.

Utilities Billing in Gambia

Electricity is billed on a monthly basis with a minimum standing charge regardless of occupancy based on the electrical capacity of the property. Actual units of electricity used are paid on top of this standing charge. There are prepaid electricity meters available - Cash Power - where preferred.

Telephone access is provided by Gamtel (the equivalent of BT in the UK). They bill on a montly basis.

Mobile access is provided by Africel and Gamcel with Alcotel on its way. These only operate through the purchase of sim cards and top-up credit cards which are widely available. There is little to choose between these providers on pricing or reliability.

The internet is provided by both Quantum who offer Broadband and Gamtel who offer a dial-up connection. It should be noted that VOIP is illegal in the Gambia. The internet is also billed monthly.

Satelite TV is available with widely varying packages. Expect to pay equipment, installation and set up fees together with a monthly standing charge.

Other Useful Information

High calibre maids, gardeners and security staff are readily available, many with extensive experience gained in the luxury Gamban hotels. There are many European, Gambian and Arabic property maintenance firms with cost and quality varying considerably. We can provide suitable companies including references where necessary.

Gambia Property News

Unlike a real estate agent, we are not going to try to convince you to buy. The Gambia sells itself, once you know about it. Once you are convinced you want to buy here, just telephone us and we will start the search. Our property finder service offers a professional one-to-one service that takes you through the whole process, from searching hundreds of properties and building plots, talking to estate agents and negotiating prices, to dealing with lawyers, builders, developers, agents and officials

Please feel free to contact us at any time you would like more information, either by email, phone, fax or carrier pigeon! Our staff are well versed, experienced and professional with excellent knowledge of the property market in The Gambia .

 

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