Claiming Compensation For Property Damage Caused By A Third Party

Property owners are entitled to enjoy their land free from interference to a certain degree. While you may have to tolerate the occasional noise from your neighbour’s annual karaoke night, you have full rights to enjoy your property free from damage. If you suspect that your neighbour’s building of a new swimming pool may have something to do with new cracks forming in your property, then you may be entitled to claim compensation for the cost of repairing the property damage you have suffered. 
 
Your entitlement to claiming compensation for property damage will generally depend on a few things such as: 
 

1. First, you must have suffered property damage. The damage may either be cosmetic or structural. The extent of the damage will determine the amount of compensation that you may be entitled to.  
2. Second, there must be an interference that you can point to. The ‘interference’ event may be in the form of a flood or water ingress event caused by your neighbour releasing water from a water tank or in the form of vibration emanating from the adjacent property as a result of works carried out on that land. This includes work performed by workers on public land adjacent to your property (i.e. road works or similar). 
3. Third, whether or not you own the property that has been damaged. If you are renting a property and begin noticing fresh cracks appearing after an ‘interference’ event, please notify your landlord immediately as they would be the ones who may be entitled to compensation.  

 Hale Legal is able to provide advice and representation to assist you with investigating and resolving property damage disputes. We are also able to review home insurance policies to ensure that you are properly advised on any insurance claim you may wish to make. Hale Legal is also able to assist in circumstances where you may already have an insurance broker assisting you with your claim.  
 
Please contact us and speak to one of our lawyers if you believe you have suffered property damage caused by a third party.