He claims that some part of my fence is 2-3 inches on his property but didn't show any evidence of it.
Police officer who attending the scene says that neighbor didn't need to present any evidence that it's his property didn't need to show me results of his survey before demolish my fence, that I have to get my own survey.
And police officer didn't open a case because it's neighbors dispute about a fence and it's not a crime to demolish neighbor's fence.
What can I do about it?
If it's a better fence than the one you had -- why do anything about it so long as the neighbor is not asking for contribution? No one needs two fences 3" apart. If you have suffered damages as a result of your neighbor’s, can prove it, and they are more than nominal -- you can present a claim for damages. If he or his insurance company offers a settlement you can accept it or not. If not offered, or offered and not acceptable, your only remedy is to file suit on your claim.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
Trademark Application Attorney
No, he shouldn't have done that. If your fence was, in fact, over the property line, he would legally have needed to go to court to have it declared that your fence was over the line and needed to be moved/removed/replaced. Because he destroyed your property, you have a tort action against him for "conversion" and should be able to have the court require him to pay for your costs to rebuild the fence. You don't actually have to rebuild it, just get the money.
Also, depending on how long the fence had been there and IF it was over the property line, you might have a valid claim for adverse possession, whereby that small strip of land you fenced in across the property line became YOURS by the operation of law. How long had the fence been there before he tore it down?
Kevin King, Principal- Essential Law Services. HTTP://ESSENTIALAW.COM, 415-562-6862. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or another qualified attorney off-site.
Construction / Development Lawyer
Fence disputes are fairly common, and usually unnecessary. The police will not get involved because this is a civil matter and not a criminal matter.
The general rule is that a boundary fence belongs to both neighbors and both neighbors are responsible for the maintenance and repair of boundary fences. If the fence needed repair, and you did not repair it, then the neighbor could repair it and ask you to pay 1/2 the cost.
If you really think that your rights have been violated, you can file a lawsuit asking for damages, asking for the fence to be taken down, asking for the moon.
I am sure that 2 or 3 inches is well worth the several thousands of dollars you will spend in trying to fight over it and which you may never recover.