A Highland woman filed a countersuit against a property owner who claims she collected lease payments from a billboard located on the plaintiff’s property, alleging the strip of land with the billboard was mistakenly added to his property by a title company.
Defendant Debbie Herzog filed a counterclaim against plaintiff Timothy Compton on Aug. 18 through attorney Thomas Maag.
Maag wrote that Herzog was the owner of the properties at issue in the lawsuit until she gifted part of the property to her son and his wife, Ryan and Amber Herzog, in 2007. The strip of land along the highway with the sign at issue was not included in the gift.
She argues that when she approached Highland Community Title Company LLC to appropriate title paperwork for the gifted land, the title mistakenly included the strip along the highway.
“That to the extent that the conveyance appeared to include the strip along with highway, on which the sign sat, it was a scrivener’s error, and not in accordance with the intent of the parties,” Maag wrote.
Herzog argues that Ryan and Amber Herzog were not bona fide purchasers. Bank of Trenton was also not a bona fide purchaser as it never paid market price for the property.
“Likewise, Timothy R. Compton, was and is not a bona fide purchaser for value, having instead acquired whatever property he owns, following a deed in lieu of forfeiture, from the Bank, and furthermore, at the time of purchase, though the sign was present and obvious for all to see, Mr. Compton did not believe he purchased or owned it, until several years after his transaction with the Bank of Trenton, and thus was on notice of the claim of others,” Maag wrote.
Herzog claims Compton tortuously approached Eberhart Sign and Lighting Co and “induced them to cease making payments to Herzog,” allegedly interfering with her contractual rights.
She claims she has lost $7,000 and continues to lose $500 each month. She seeks compensation from Compton.
“That Compton’s intentional and fraudulent conduct, in misrepresenting that he was the owner of the strip in question, and that Herzog is and was not entitled to lease the property, warrants the imposition of punitive damages,” Maag wrote.
Herzog also seeks declaratory relief that she owns all real property located to the Southern side of Highway 70 in the subdivision known as Herzog Estates, “including the existing pine trees forming a shield from the Highway 70, to a minimum of 25 feet from the land on which Highway 70 sits, including all land on which the sign at issue sits.” She also seeks court costs and attorney’s fees.
Herzog also accuses Highland Community Title LLC of violating its duty to use reasonable care in preparing the legal documents.
“In truth and fact, the conveyance deviated from the wishes and instructions of Herzog, by including the strip of land along Highway 70, which included the sign, even though no party to the transaction intended to convey or receive that strip of land,” Maag wrote.
“As a proximate cause of the foregoing, Herzog’s ownership interest and title have been clouded, and Herzog has suffered claims to her real estate and income that, but for the error on the part of Highland Community Title, LLC, would not have occurred,” he added.
Compton filed the complaint on June 25 through attorney Wayne Skigen and Jason Johnson of Tressler LLP in Edwardsville.
Compton claims he became the sole owner of the property on Lower Marine Road in Highland on Sept. 28, 2016, which is adjacent to the property owned by Herzog. He claims he purchased the property as a bank foreclosure.
As for the sign at issue, Compton claims Herzog entered into a lease agreement for outdoor advertising to maintain a billboard in August 2011 for a quarterly lease payment. He alleges Herzog falsely represented in a continuation of the lease that she still owned the land and collected lease payments of $21,546 for a period of time after he purchased the land. Compton claims Herzog had no right to collect the funds during the time he owned the land and that she refuses to give him any portion of the payments.
Herzog answered the complaint on Aug. 18, denying liability.
In her affirmative defenses, Herzog alleges the claims are barred under the doctrine of laches because Compton and his predecessors “took no action for an unreasonable amount of time.”
She argues that there is “no excuse for the delay.”
“That Compton, and his predecessors had knowledge, actual or constructive, of the purported injury or wrong, for about 13 years,” Maag wrote. “Herzog was prejudiced by the inaction, causing her to rely on her belief that she owned the property in question.”
Madison County Circuit Court case number 21-L-740