A common question that we get asked is “How does a person deal with water leak issues?”

The main thing to determine in water leak issues are two things:

1. Is there evidence through an expert report identifying what caused the leak and the damage, once you get evidence from an expert identifying where the leak is coming from and what is the damage caused, a significant amount of the water leak issue has been addressed?
2. The second thing that needs to be determined is once it’s been identified where did the water leak is coming from, identify whether the source of a water leak is private property or common property. If the water leak is coming from common property, the party claiming water leak damages could turn to the owner's corporation and claim and require them to rectify and stop the leak and rectify the result and damages. On the other hand, if the expert report says that the water leak is coming from private property, the party claiming the damages must determine whether that private property is their neighbor or the private property relates to their property or it's coming within their own property. Where the leak is coming from a neighbor similarly to an owners Corporation claims a party should seek that their neighbor (meaning the owner of tea nearby property) rectify the source of the leak and also the results and damages. On the other hand, if the water leak is coming from their own property clearly they are responsible to stop the water leak from making further or causing further damages to their property and they would also be responsible to rectify the resulting damages.