Ecosystem services and legal protection of private property. Problem or solution?

Abstract

Ecosystem services (ES) delivery in quantity and quality are essential to improve human wellbeing. Nevertheless, often a considerable part of ES provisioning depends on the use of private land (e.g., flood retention, carbon sequestration, water purification). In this context, the operationalization and implementation of ES concept may collide with legal property rights. Therefore, it is essential to find constructive mechanisms to engage and encourage private owners to implement sustainable land uses to reduce the onsite and offsite impacts of their activities. This paper aims to identify if ES delivery can be constrained by legal private land and how it can be tackled. It is undeniable that land-use changes (e.g., urbanization, agriculture intensification, and land abandonment) affect the territory's capacity to deliver ES in quality and quantity. These changes, especially land abandonment, are increasing the tradeoffs among ES (e.g., between carbon sequestration and water yield). Land-use planning should consider these aspects. Therefore, incorporating ES into spatial plans is crucial for stakeholders to understand the impacts of land-use change in the loss of ES value. This information can be transmitted through maps that communicate the message in a simplified way. Private owners can easily perceive the ES relevance that their land can provide if an understandable message is delivered. Although this can be a good solution, conflicts can appear even with the implementation of schemes such as Payment for ES (PES). PES is not always effective and can impose losses to farmers, disregard their cultural traditions, or not prevent poverty alleviation. In this context, it is crucial to consider local specificities to safeguard PES's success, create a “win-win” and transform a problem into a solution. Private owners' active participation in implementing sustainable practices or a determined land-use in their properties is vital to achieving global targets such as sustainable development goals.