A pioneering step has officially been taken towards the legal protection of nature in Portugal, through the use, for the first time, of the right of surface use as a legal tool to ensure that a private property can be set aside, in perpetuity, for ecological restoration.
The first agreement of this kind was signed and registered following a collaboration between Rewilding Portugal, The Lifescape Project, and the Portuguese law firm PLMJ. The case demonstrates how existing legal instruments under Portuguese law can be used in innovative ways to support ecological restoration and ensure greater legal certainty for long-term ecological restoration projects.
A surface right allows a plot of land to remain the property of the landowner, whilst another person or entity acquires a long-term real right over that land for specific purposes. Traditionally associated with construction or agricultural/forestry use, this mechanism has now been adapted to support the conservation and ecological restoration of a private property.
As the agreement has been formally registered, the commitment now has legal effect beyond the parties who entered into it. In practice, this means that the designation of the land for ecological restoration purposes is legally linked to the property, in this case in perpetuity, even if ownership is transferred, for example, through inheritance or sale.
This pilot case represents an important milestone in the development of legal solutions to protect nature in Portugal. It demonstrates that rights in rem, in addition to property rights, can play a significant role in the long-term protection of natural areas, creating practical solutions for landowners, organisations and other stakeholders wishing to contribute to the restoration of ecosystems.
This initiative is in line with the work carried out by The Lifescape Project in the Rewilding Law Hub. This resource centre has been set up to identify, explain and test legal mechanisms that could facilitate the implementation of rewilding on the ground. This Hub brings together legal guidance from different countries on key areas of law relevant to rewilding, including instruments for securing and protecting natural areas in the long term. By moving from legal analysis to the practical application of a registered agreement, this project demonstrates how innovative legal solutions can support ecological restoration in Portugal.
Would you like to find out more about this possibility as a solution for your property? Read the full report here: https://lifescapeproject.org/uploads/Securing-Land-for-Rewilding-Without-Buying-it-Portugal.pdf
Are you interested in ensuring that your property rights also provide permanent protection for the natural heritage found there? Please contact us at info@rewilding-portugal.com