Bob,

Not giving legal advise, but I think you will find that he would have access, via the water from his property, to the whole pond. However, if he would step out of the water onto your land without your permission he would be trespassing.

I would keep the water level away from his property as he may have grounds for a lawsuit over your water trespassing onto his property besides the issue above of giving him access to the pond.

Check with your Attorney as there may be other legal issues that could adversely affect your water encroachment onto his land.

Even if the guy was your best friend and you didn't mind him having access to the pond think of the future if something happened to him and a new owner moved into his place and co-owned "your" pond.

Dan

Mistakes are proof that you are trying.


Dan