You could, of course, do this. You may even be right so to do. Personally, whether the surveyor is right or wrong on whether this contentious point is a show stopper, it sounds like good sense and at worse errs on the safe side. I'd rather put a small amount of time, effort and money into sorting out the physical issue itself than have a load of stress and hassle fighting over whether it's enforceable or not. It's your choice, of course, and I'm not advocating you simply roll over whatever happens, but if you start your boating experience fighting I don't think you'll get the enjoyment from it that some of us do. Other folks mileage may vary!