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when you build a new house, shit happens. The issue is, how to deal with the shit that happens. The fence, when a new house is built and the fence is taken down, is extremely likely that once the house is built they will build a new fence. A temporary fence intruding on your property, if it actually effects how you use your property then yah say something but if it doesn't then leave it. It's temporary, not permanent. Damage to your garden, I would expect that to be fixed and dealt with when they are doing their landscaping after the house is built. Are you currently using your garden? maybe they assumed it's not a big deal since it's winter and thought it wasn't a big deal. If it's not a builder and a home owner, I'm sure they'll deal with it properly if you talk to them properly. Last thing anyone would want is a neighbour that hates them. My family built the house i'm living in. We talked to our neighbour before and throughout. Had to use his driveway for access for a dump trunk one time, had to remove the fence and put up a temporary one, a lot of his grass along the fence line/property line was removed. We even took down some shrubs for him that he didn't want any more. All of that stuff was fixed by the time we moved in.
I think you're getting ahead of yourself thinking about legal responsibility and seeking damages. If it's just a homeowner building for himself, i'm sure he'll take care of it. Just speak to the dude and let him know what happened. I bet he'll tell you he knows and will take care of it. If he's a prick about it, then yah, you'll have to do something. But keep this in mind, so far they just tore the house down. There's going to be a lot more going on over the next few months. It's his job to clean up the messes. Even if you decide to try a civil claim, which based on what you said is unnecessary, it won't be resolved till after they finish the house. Just keep your pictures if he's a prick. Other than that i wouldn't worry about it.
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