C IL | Diagrams always help.
Short answer initially looks like no in IL for the situation you presented.
Uchtmann’s circular in FarmDoc is a good primer but ultimately enforcing your rights can turn into a process.
Law is fact specific so the tiny details matter very much, and ultimately enforcing said law may require you to get (and pay for) an ag attorney, and if it goes down to the mat you may need a PE engineer.
If things get hairy you are welcome to email me and we’ll set up a brief phone chat. Seems to happen about once a year here on NAT.
Usually I hear back and sometimes a neighborly relationship is renewed and mutual efforts improve things, and other times guys agree to declare war, and unfortunately sometimes the cheapest thing is to capitulate.
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