GAMBIA PROPERTY SALES · PRACTICAL HELP BEFORE YOU COMMIT
Freehold, leasehold and land title in The Gambia.
Understand the interest being offered and the evidence behind it. The wording in an advert is the start of the enquiry, not the answer.
Ask what you would actually acquire
Freehold, leasehold and customary tenure are recognised in The Gambia’s land-policy framework. Their implications depend on the site, legal basis and parties. Ask a Gambian property lawyer to explain the particular interest and its transfer requirements.
The National Land Policy sets out reforms as well as existing challenges. Do not assume that every proposed change is already law or that it applies to your transaction.
Three terms, in plain English
| Term | Basic meaning | Your next question |
|---|---|---|
| Freehold | An interest without a fixed end date, still subject to applicable law and land-use controls. | Does the evidence support the advertised interest, and can it be transferred to me? |
| Leasehold | A right to occupy and use land for a stated period under the lease’s conditions. | What term remains, and what rent, use restrictions, consents or renewal provisions apply? |
| Customary tenure | Land rights arising through local customary arrangements, which can involve family or community interests. | Who holds the rights, who must consent and what evidence supports the proposed transfer? |
These broad descriptions follow the National Land Policy. The specific documents and current law determine the position for a particular property and buyer.
Questions for freehold or leasehold property
- Who holds the interest and how did they acquire it?
- Which documents and records support the seller’s position?
- For a lease, what term remains, what payments apply and which conditions have to be met?
- Are consent, use, development, transfer or other restrictions relevant?
- What must be done to transfer and record the interest in the buyer’s name?
Customary and family land need careful enquiries
Ask who holds the relevant rights, how they arose and who must participate in a sale. Local records and community knowledge can be relevant, but the lawyer should determine what evidence and further enquiries are necessary.
A receipt, an Alkalo letter or an assertion that “the family has agreed” should be examined in context. Ask whether there are occupiers, previous transfers or other family members whose interests require investigation.
A document pack for your lawyer
Ask what is available before making a commitment. The required evidence varies, but a useful starting list is:
- The seller’s deed, lease or other evidence explaining how the interest was acquired.
- Earlier transfers and any documents needed to trace the seller’s authority.
- The site or survey plan, with the location, dimensions and boundaries identified.
- Any relevant consents, restrictions, mortgage information or dispute correspondence.
- Receipts or records relating to land rent, rates and other applicable payments.
- Where relevant, documents supporting an estate, company, family or representative’s authority to act.
Provide documents through the route agreed with your appointed adviser. The initial website enquiry only needs a summary of what you have.
Match legal documents to physical land
Arrange appropriate survey input to connect the paperwork with the plot shown. Investigate inconsistent names, measurements, boundaries or access descriptions. An explanation should be supported by evidence, not simply a replacement sales description.
Nationality and ownership structure matter
Ask how your nationality and any joint or company ownership affect the proposed acquisition. Do not adopt a nominee or company structure simply because someone says it avoids restrictions; understand control, legality and consequences with your own adviser.
What does registration establish?
The National Land Policy distinguishes local transfer documents from registration at the Deeds Registry. It describes an Alkalo transfer document as different from formal registration and legal title. Ask your lawyer what each document establishes and what further checks or registration are required.
A practical sequence is to identify the interest, investigate the seller’s authority and relevant records, resolve material questions, and agree the transfer and completion steps. Your lawyer should confirm the order, consents and documents for the actual transaction.
At completion, request the documents and receipts due to you, an explanation of any outstanding registration work and confirmation when that work is finished.
Official background
National Land Policy 2026–2035 provides policy context, including tenure in chapter 3 and documentation in section 5.2.8. Source checked on 16 October 2026. Policy proposals are not proof that legislation has changed. Ask the instructed lawyer to confirm the rules currently applicable to your property.
YOUR NEXT STEP
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