Burns Philp Food, Inc. v. Cavalea Cont'l Freight, Inc. - 135 F.3d 526 (7th Cir. 1998)

I. Issue
Whether the court conditions damages on the landowner's notice to the trespasser.
II. Fact
Cavalea Continental Freight bought several parcels and Burns Philp Food the remainder.  As a result, Burns Philp mistakenly paid property taxes on land owned by Cavalea.  Burns Philp sued in restitution to obtain reimbursement for the tax payments.   Cavalea filed a counter claim accusing Burns Philp of building a fence that encroached onto its parcel.
III. Holding
Burns Philp did not seek anyone's consent to build the fence.  It thought that the fence was on its land, and no one knew otherwise until 1995.  Knowledge of a fence's existence is not equivalent to consent.  Cavalea accordingly is entitled to damages.