I believe that if I initiate that, I would have to get permits and his approval for excavating on the property line. He also has rights to the 4% of the water that is on his property. I wouldn't mind if he did it but he sure would mind if I did.
As an aside, I think we have an amicable solution, I let him fish over the property line, just no boat. I don't plan on changing that unless he takes me to court. We had a nice 45 minute chat the other day and everything seems to be quite now. We just both think we're right and his boat is still there. I believe that the fish over the line is a good compromise given the Nottilini decision.