After reading the original post, I'd say it sounds like the neighbor has a pretty good life if this is what he is *****ing about. He essentially has the entirety of his property unimpeded, got a free nice fence...and *****ing abut encroachment?
I'd do.....nothing. Id like to see if he feels it's worth going to court over...if so...then maybe I'd drag my feet and **** with him a LOT until it finally got done sometime in the next couple of years.
Your neighbor is a tool. I'd make him pay for a survey and prove it if it meant I had to pay for fixing fence anyway.