Is the issue that the fence can be repaired, but you want to incur the higher cost of replacement and cannot get your neighbor to agree? You can make a claim against your neighbor under Civil Code, Sec. 841, but if you choose to replace a fence that could be repaired or choose to replace a fence with one that's more expensive than a fence equivalent to the one that has historically been used, you run the risk that a court would make you responsible for the additional cost beyond what was necessary to maintain the existing or an equivalent replacement fence.Quoting California Civil Code, Sec. 841.

