Jersey County couple claims land surveyor got it wrong

Kelly Holleran Dec. 8, 2008, 2:45am

A Jersey County couple has filed suit against Heneghan and Associates, claiming one of the company's employees surveyed their land incorrectly.

Joseph E. and Janice C. Desherlia found out their tract was not surveyed as shown when Jersey County Circuit Court determined on Oct. 18, 2007, the Desherlia's boundary lines were smaller and different in shape than originally shown in the Heneghan survey, according to a complaint filed Dec. 2 in Madison County Circuit Court.

"Further, the Court permanently determined the boundary lines to exclude from the Desherlia tract a necessary access point to adjacent lands and development tracts," the suit states.

The Desherlias purchased the land from Michael J. and Susan R. Foval, their cousins, on June 25, 2004, they claim.

Scott Peabody, an Illinois professional land surveyor who worked for Heneghan and Associates, performed a survey on the land June 29, 1999, according to the complaint.

When the Desherlias purchased the property, they relied on the 1999 survey performed by Peabody, the suit states.

Because of Peabody's incorrect survey, the Desherlias claim they sustained damages.

The couple claims Heneghan and Associates failed to exercise the knowledge that would normally be exercised by a careful surveyor because the company failed to properly research the records of the Jersey County recorder's office to determine the existence and validity of prior deeds and surveys.

In addition, the company failed to keep copies of all deeds and other records it utilized in the June 29, 1999, survey, failed to exercise ordinary care and diligence in the performance of the June 29, 1999, survey and improperly relied on prior surveys or deeds which are erroneous, not known to be in existence or which are otherwise not correct or valid, according to the complaint.

The Desherlias are seeking a judgment in excess of $50,000, plus costs.

Julie Harper of Alton will be representing them.

Madison County Circuit Court case number: 08-L-1132.

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