So my ex went crazy, not so normal fence issues

[hellothar]

What is the name of your state (only U.S. law)? Maryland

Myself and my ex (not married) are currently going to court over our shared home. I offered her a free out as my mortgage company (surprisingly) allowed her name to be written off the property even though the house is very far under water. Being nice, I offered her a free ride off this debt and the ability to start her new life without any of the burden of the past. She refused and made all sorts of threats, in which I am taking her to court for half of the mortgage until she signs off. That's not the big deal though.

During the spring of last year we purchased a fence for the property. While I paid for the labor, she put the fence materials on her credit card (a card that I paid off many times in the past, but didn't get the chance to this time around). This fence was for the property and the dog she had to have. Now that she has been served the court papers she has went insane... threatening that she will remove the fence and sell it for scrap metal. This fence is tied to our neighbors yards and I'm sure they will not be happy with this.

My question is can she actually do this? If so, should I warn the neighbors so they are informed who is destroying what is their fence as well. If she does this before she signs off on the house they can sue her, if she does it after the fence becomes my property I believe and I believe I can sue her for damaging my property.

If I am wrong on this, please correct me. But what would some of you savvy people recommend I do in this situation? Should I inform the neighbors and get them to sign a document stating their intent to sue if the fence is torn down? Can she tear it down at all, or did the fence become part of the property and not a posession when it was put up?

Thanks for the help!

 

[Mass_Shyster]

Can she tear it down at all, or did the fence become part of the property and not a posession when it was put up?

If she is a co-owner of the property, she may remove the fence.

Does the neighbor have any ownership interest in the fence, or are they simply benefiting from it?

 

[hellothar]

We had to obtain permission from the neighbors to tear down the current fence while promising to put a new one up. If a new one was not put up there was no way they would allow us to tear the other one down as the fence was shared on the property line. The neighbors gave nothing financially to the purchase of the new fence.

If she removes her name from the property before acting, does she still retain rights to removing the fence?

Thank you for the speedy reply!

 

[Mass_Shyster]

If she removes her name from the property before acting, does she still retain rights to removing the fence?

No. The fence is part of the property. (unless whatever document is used to transfer ownership of the property specifically permits her to retain those rights)

 

[hellothar]

Would you recommend that I construct a petiton to be signed by the owners of the 5 other houses that this fence touches? As removing the fence would leave large gaps in the fence on each of their properties.

The petition would state their joint interest in the property and their willingness to take action if the fence is removed without their agreement.

Again, thanks for the quick response.

 

[HomeGuru]

Would you recommend that I construct a petiton to be signed by the owners of the 5 other houses that this fence touches? As removing the fence would leave large gaps in the fence on each of their properties.

The petition would state their joint interest in the property and their willingness to take action if the fence is removed without their agreement.

Again, thanks for the quick response.

**A: that's an idea but a petition is not enforceable in court.

 

[hellothar]

Of course it isn't. But this would be given to her as a deterrent to her taking any sort of action against the property.

As they only provided permission to remove the previous fence on the property line with the promise that another was to be erected.

 

[HomeGuru]

Of course it isn't. But this would be given to her as a deterrent to her taking any sort of action against the property.

As they only provided permission to remove the previous fence on the property line with the promise that another was to be erected.

**A: you can try.

 

[hellothar]

Better than nothing I guess. I'm protected once the house is signed over but until then I will have to take such information to the neighbors and use that to scare her out of taking any action. No promises, but we shall see.

Any idea if they will legally be able to take action against her when removing a section of fence that opens up holes in their yard?