Posted: 18/09/2013 at 11:28
Gail Peacock said: Sadly because it's a party wall, he's entitled to do what he likes on his side, even though for example painting it with non breathable paint like masonry paint would damage the lime render we've had put on, and stop the wall from breathing again.
That seems tantamount to saying:
- his actions on the wall are allowed to affect your side of the wall, in particular - in this case its effectiveness as a barrier againt the elements (which compromises one of the purposes of a wall which is to protect from the elements) -
- but that your actions on the wall are not allowed to affect his side of the wall - in his case due to his 'asthetical response' to a finish that is not to his taste.
That seems too one sided (no pun intended) to stand in law.
My instinct would be to get a second opinion on that specific point in terms of your respective legal rights - party wall legislation is one thing but I would have thought that protection of property from the actions of a-n-other would take precedence here.
"Unfortunately," I hear something reminding me, " the law has nothing to do with common sense!" ... But I would try for a second opinion.