Grapevine Damaging a Shared Fence

[Motorcycleman]

I live in Utah and moved into my house a few years ago. I live in a cul de sac, and all of the properties are separated by fences. My neighbor (he lives at the end of the street and as such is the only one with his own fence on one side) has a grapevine on the fence that separates the two properties. I didnt think much of it when I first bought the house as I bought it in winter and barely noticed it, but it has started to destroy the fence. My wife and I have trimmed our side it a couple times, (the first time I started, he sat glaring out of his back window and never said anything until I left and he went and talked to my wife) but it just makes a terrible mess and the fence is going to need to be replaced soon. What are my rights as far as unwillingly having a vine destroying our shared fence? When it comes time to replace the fence, am I responsible for any of the expense, or because he destroyed it is it his sole responsibility? Thanks in advance.

[Mr. Knowitall]

Whose fence is it? That is, is it in fact a shared fence with shared responsibility, or is it his fence on his side of the property line?

[Motorcycleman]

It is a shared fence. The fence was put up by whoever developed the cul de sac. It divides our property lines and is not just on his property.

[Mr. Knowitall]

If this is a planned community, there may be a covenant or bylaw on the issue. Absent that, I don't see any legal authority dictating how repairs are to be paid for. I am skeptical, though, that grape vines are causing damage that would materially shorten the lifespan of the fence.

[wanderingforhelp]

are you a part of a Homeowners association. If you are I would check into have the Homeowners pay for the fence since it was put in to share the boundries,

[LandSurveyor]

I am skeptical, though, that grape vines are causing damage that would materially shorten the lifespan of the fence.

Well, I think this is the whole point. I've been a grape grower and I can understand how a grapevine might take over a fence in a cosmetic way but I can't see how grapevines could actually DESTROY a fence. And you will have to prove that concept to a judge.

I think that the OP means that the grapevine has destroyed his preferred appearance of the fence.