kanalgerecht

Kanalgerecht is a Dutch term that refers to the bundle of legal rights and duties connected with canals and waterways. It encompasses the use, management, and protection of canals, whether they are public waterways or privately owned channels, and relates to how the canal is used for transport, drainage, irrigation, and other purposes. The concept sits at the intersection of water law, property law and public administration.

The scope of kanalgerecht typically includes rights of passage for vessels and maintenance access, the authority to install and preserve infrastructure such as embankments, sluices, pipelines, or cables under or along the canal, and the obligation to maintain the canal in a functional and safe condition. It also covers restrictions on encroachment or construction near the canal, as well as duties to respect environmental and safety standards. On the other hand, owners of adjacent lands may have obligations to allow access for canal maintenance and to refrain from actions that impair water management.

In Dutch law, kanalgerecht is usually exercised through established instruments such as easements (erfdienstbaarheden) and other zakelijk rechten, and it is supported by the broader framework of water management law, including the Wet hydrologische systemen and regulations issued by water authorities. Disputes related to kanalgerecht are typically resolved through administrative procedures or civil litigation, with considerations of public interest, navigation rights, and civil liability.

See also: easement, erfdienstbaarheden, water rights, water management, Netherlands canal system.