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We just got an E70 in the shop that had a pinched seal at the front differential... it was leaking gear oil while driving at a rate that would have it empty within a few thousand miles. Luckily for this customer we noticed it when it was in the shop for something else. From the looks of it the seal is easy to be damaged during installation, even at the factory as this one only had a couple thousand miles... The seal in question is an o-ring on the axle output where it slips into the oil pan.

#8 in this diagram.
RealOEM.com BMW E70 X5 3.0si Final drive (front axle), parts, 4-wheel

If this happens to be pinched during installation thus leaking it could very well be the front diff you are hearing and you would get a new one under warranty. I'd book an appointment with the dealer ASAP and schedule for a loaner car if you need one as it will take a few days to a week in the shop if this is the case.

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