 |
|
| Author |
 Topic  |
|
Lily
United Kingdom
422 Posts |
 Posted - 20 Jun 2009 : 11:31:33
|
Hi Kiwi
Yes - that sounds fine - something quite formal giving permission to act on AA's behalf- and signed and then witnessed.
If the person then going to the Area council has the original documents and a signed and witnessed letter to act for 'AA' then they should be able to do so. However - that's just the foot in the door.
The other approach could be to go to the local Alcaloo (spelling?!) where the land is because it really will help to have his support too. In theory (from the documents of land exchange I have seen) his signature is also on the documentation - so if he validates it, that should help.
Some friends of mine had a strip of their land just taken by their neighbour because they hadn't built a fence (they had half built their house) but they lost their case because the original documents were not that clear. Another friend, however, successfully defended his own land against a claim.
I think it's fairly common but sometimes I think land is sold twice or is sold by someone who didn't have the authority.
Always best to have independent witnesses to land exchange/sale who will sign documents - someone like the Alcaloo or senior police/army officer in the area (for a small fee....)
Anyway - all good luck to your ex. |
 |
|
|
faderabraham
203 Posts |
Posted - 21 Jun 2009 : 13:17:27
|
maybe they is somthing in this link that can help you ..... The Property Banks Buyers Guide to The 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 undertake.
http://www.thepropertybank.com/gambia.htm
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 constitute 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
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 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. .
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
com/gambia.htm help ... |
Edited by - faderabraham on 21 Jun 2009 13:28:42 |
|
|
|
kiwi
Sweden
662 Posts |
Posted - 21 Jun 2009 : 22:34:56
|
Thanks again.
The circumstances around the purchase of land are as follows:
Mx (stands for my ex-husband) bought the land around 2003/2004 from a family. When the price was agreed on, they – some persons representing the selling family and Mx – went to see local alkalo who confirmed that the land belonged to his area and that the family was the owner of it. They then issued a document that was signed by alkalo, the seller and Mx. He, Mx then went to Brikama Area Council that sent a surveyor to measure the land and make a sketch plan. Brikama Area Council further checked all the details with Land Registry to confirm that the selling family was registered owner. The seller also paid tax and the receipt was handed over to Brikama Area Council.
Brikama Area Council issued a transfer document,signed and stamped, in four copies, one to Mx, one to the seller, one to the alkalo and one is filed in Brikama.
The land is fenced with poles and wire. No house is built yet. Mx has asked a person he trust to guard the land. He also said that if someone wanted to use the land for cultivation, he could give permission to it. That happened once and was a verbal agreement.
The trusted person mentioned above now alarmed Mx`s family in Gambia about the intruder. Mx called him, and called also the intruder telling him to stay away from the land.
Mx says that he has a clue what this is about – a conflict between two alkalos. At the time of the purchase also another alkalo was there – as the land lies on the boundary of two areas – and made trouble claiming that the land belonged to his area but then decided to accept that it did not. Later rumours went round that the land owner (Mx) lives in Europe so why not try to seize the land.
What do you think about the procedure and the documents? Do they seem to be correct?
|
kiwi |
Edited by - kiwi on 22 Jun 2009 07:59:18 |
|
|
|
Lily
United Kingdom
422 Posts |
Posted - 21 Jun 2009 : 23:31:42
|
| They sound spot on to me. Bu someone does need to be there to act! |
|
|
|
kiwi
Sweden
662 Posts |
Posted - 22 Jun 2009 : 08:03:55
|
Would it be advisable that Mx, or rather his brother at this moment, would look up the alkalo involved in the buying process? Not to make an accusation but to express his concern. Or would an alkalo dislike that a land on his area has not been built on? Perhaps he should to start with quickly place a few tree plants there to show that someone cares.
I removed the villages names from posting above as the last lines could make an accusation against a certain alkalo. There is no proof, only a suspicion.
|
kiwi |
|
|
|
toubab1020
12314 Posts |
Posted - 22 Jun 2009 : 11:21:52
|
KIWI.
"I removed the villages names from posting above as the last lines could make an accusation against a certain alkalo. There is no proof, only a suspicion."
I think that course of action is excellent, people have long memories in small places and any news tends to be magnified ,ill feeling grows, thefore any settlement that does get established in the fullness of time, maybe will be the centre of attention,the last thing that anyone living on that disputed land wants.
|
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
|
|
|
|
jambo
3300 Posts |
Posted - 22 Jun 2009 : 13:01:30
|
Kiwi, why are you helping, if your name is on the land then go ahead, but it not step back.
I see lots of things going on here, first the ex, then the ex's family, then the village.
"Mx says that he has a clue what this is about – a conflict between two alkalos. At the time of the purchase also another alkalo was there – as the land lies on the boundary of two areas – and made trouble claiming that the land belonged to his area but then decided to accept that it did not. Later rumours went round that the land owner (Mx) lives in Europe so why not try to seize the land.
Alarm bells, who had the right to sell it to your ex in the first place. All bantaba will tell you "FACE" is everything, you say papers are registered, they will not be worth a fig, if you cannot prove who owned the land at the time of sale.
I think money is going to change hands. Why seize the land, there is other land around, that i can bet on it. where is it based, near to a housing/new complex/new school/hotel something that is being built and now tney wake up and say "WE NEED LAND" DEVELOPERS ARE COMING .
Get my drift.
|
|
|
|
kiwi
Sweden
662 Posts |
Posted - 22 Jun 2009 : 15:16:23
|
Jambo, no I don´t get the drift and I don´t know what is bothering you.
I have chosen to help him. End of the questioning – this is not significant.
I think I already made quite clear that it is already checked who the owner was.
Jambo , I think you are just messing up things. I don´t see anything peculiar in the fact that the “trusted man” called Mx´s family in Gambia, he did exactly what he was asked to. Every Gambian living abroad has a family in Gambia!
I already decided to remove the village names and am not going to repeat them.
Toubab! |
kiwi |
|
|
|
Lily
United Kingdom
422 Posts |
Posted - 22 Jun 2009 : 18:00:23
|
I think that re-establishing that the land is his and then planting trees/building something would be an excellent idea. It would be doubly good if he could actually go there himself sometime soon.
I do understand the dilema from both sides - your ex's and from the village if there is land with nothing going on and lots of people wanting to buy land at the moment. Of course it is rightfully his but land prices are rising, people are desperate and there are now too many people near the coastal area looking for land.
Build and get someone living there is - at the end of the day - the best solution (though I really do understand how difficult that is!!). |
|
|
|
jambo
3300 Posts |
Posted - 23 Jun 2009 : 17:35:09
|
Kiwi, not stirring anything up, but looking at the picture from the outside.
I was just pointing out a sentence you made. it just seemed that someone was trying to make many your MX, they probably think they can hold him to ransom.
PEACE TO YOU |
|
|
|
kiwi
Sweden
662 Posts |
Posted - 23 Jun 2009 : 21:50:29
|
| Jambo, I see what you mean. Peace to you too. |
kiwi |
|
|
|
rassimian
United Kingdom
168 Posts |
Posted - 28 Jun 2009 : 13:31:02
|
| I am currently trying to sell a plot of land in Tanji.I note that in Faderabrahams posting he mentions a local tax payable to the Alkalo. I know that this is the case but is this a fixed amount or is it negotiable. What about the municipal tax. Who is this payable to and again is this a fixed amount. |
|
|
|
gambiabev
United Kingdom
3091 Posts |
Posted - 28 Jun 2009 : 14:41:17
|
What has made you try to sell the land when others seem keen to buy?
Tanji is a nice area for anyone wanting to have a long term property to stay in.
How big is the plot and what price?
You may find a buyer on here. |
|
|
|
jambo
3300 Posts |
Posted - 29 Jun 2009 : 13:14:48
|
rassiman, unless I am mistaken as the owner of the land you are responsible for all taxes., same any country, who pays is upto you, could be family member, friend or employer, but money has to paid. As for the amount, get regional advise.
if you pay to Akalo, get witnesses, get it in writing, and if possible be there yourself.
is there a municiple place to pay taxes, does it come komobs, serrunkunda, brusabi. are you paying cash/bank draft.
the point i am making there has to be a paper trail. From what I gather taxes vary from region to region, I am sure banjul is less expensive than basse.
What you do not wan to do is paya tax accordingly to what they think they can ask for. TWOBOB, (TOOBAD) rate. |
|
|
|
rassimian
United Kingdom
168 Posts |
Posted - 30 Jun 2009 : 12:28:10
|
Thanks Jambo for that. Sounds like any payment to the Alkalo will have to be negotiated and I've decided that I will definately have to be in the country to sort things out. I will also make sure that I have witnesses and that there is paper evidence of any payment.
Bev. I've been trying to sell my land for 2 years. I do now have a buyer but I've had loads of people look at it mostly people from here in the UK. Don't know if it was because of the price which I've reduced but the estate agents in Kololi both originally said that I should ask for 300,000 Dalasi and Gambian friends said put it on the market at 350,000. Maybe money has been tight all over Europe. I'm just glad someone has decided to buy it. The big hassle now comes with sorting out the paperwork. |
|
|
|
Topic |
|
|
|
| Bantaba in Cyberspace |
© 2005-2024 Nijii |
|
|
|
Topic Locked
