Lesson 1: Legal Opinion Writing

A good lawyer must

• Be honest
• Be accurate
• Conduct proper legal investigation

Simple Formula Your Lecturer Is Teaching Paragraph 1 – Brief summary of the facts.

Paragraph 2 – Identify the relevant law.

Paragraph 3 – Discuss the detailed factual issues affecting the case.

The lecturer is explaining an important land law principle: the State does not

“own” all land; it holds certain land in trust for the people. Many students confuse this point. Let me summarize the correct legal understanding clearly.

Not All Land Belongs to the State

It is incorrect to say that all land belongs to the State.

In many legal systems (including Sierra Leone and similar common law jurisdictions):

• Land may belong to private individuals or families.
• Land may belong to communities under customary law.
• Some land may be public land controlled by the government.
• So the State does not automatically own every piece of land.

Role of the Government

The government acts as a trustee or manager of public land.

This means:

• The government controls certain land on behalf of the people.
• It can allocate or lease such land through the Ministry responsible for lands.

But the land is considered held for the benefit of the citizens, not as private property of the government.

This principle is consistent with constitutional ideas that natural resources and public land belong to the people.

When Land May Be Treated as State Land

If a parcel of land is:

• Vacant Unoccupied Without any identifiable owner or claimant Then it may be treated as state-controlled land.
• However, this is usually determined after investigation.

The Ministry of Lands normally:

• Conducts checks through surveys or records.
• Confirms that no private or customary claim exists.
• Declares the land vacant or state-controlled land.
• Only after this process can the government allocate a lease.

Application to Your Example

In your scenario

25 acres are known to belong to families.

The other 25 acres have no known claimant.

You cannot immediately say the State owns it.

Instead, you may say:

Because there is no known private owner, the land may be considered vacant land subject to government control, pending verification by the Ministry of Lands.

Procedure for Acquiring Vacant Land

Normally a person would

Write to the Director of Lands.

Identify the location of the land.

Request a leasehold interest.

The Ministry then:

• Conducts investigations and mapping checks.
• Confirms whether the land is vacant and unclaimed.
• If confirmed, it may grant a lease.

Key lesson your lecturer was emphasizing

Do not assume land belongs to the State simply because nobody is living there.

Always say it may be vacant land subject to government verification.

Remember: the government holds public land in trust for the people, not as its personal property.

How to structure the legal opinion step-by-step, especially how Paragraph 4 should discuss the law and apply it to the facts already described in Paragraph

3. The aim is to show the client that you understand both the law and the situation.

Let me explain clearly what your lecturer means.

Paragraph 3 – Detailed Facts

In the previous paragraph (Paragraph 3), you already discussed:

• The location of the land.
• That 25 acres belong to specific families (Kamara, Bangura, etc.)
• The other 25 acres appear vacant or without a known claimant.
• That vacant land may fall under government control after proper verification.
• This paragraph focuses on facts and factual issues.

Paragraph 4 – Applicable Law

Now Paragraph 4 moves to the law governing those facts.

Here you explain the legal rules that apply to the situation.