Legal Question in Civil Litigation in California

The agreement you had with the prior owner was between you and them, not the new owner of the home. However, it appears she destroyed property that was yours, as well as trespassed onto your property. A civil action to correct this would be costly and time consuming, and not recommended.

Before beginning any legal proceedings, I would suggest writing her a letter stating the facts (that she said she was repairing the fence, owned by you, when in fact she tore it down and failed to replace it.) Then you need to make a demand of her for the replacement value of the fence. Depending on the condition of the fence, you may want to ask for the full value (if the fence was like new) or half the value (if it was needing to be replaced).

If she fails to replace the fence, or offer any money to replace it, I would suggest taking the matter to small claims court (assuming the value of the amount you wish to recover is below $7,500).

You should begin by documenting the destruction, and clearly show the property line. I would then suggest having the fence actually replaced by a contractor. This is the amount you will then seek to recover.

Depending on the condition of the fence, in small claims court you may recover the entire replacement value, or half. Of course, you always have to remember, that once you have a judgment, you still have to collect. Do you think your neighbor has the funds to pay for this? If not, you may have difficulty in collecting and ultimately be the only one out of pocket. If she has funds, you can always execute the judgment (the sheriff does this) to take the amount owed by her.