Frequently Asked Questions
Where are Learmonth Gardens?
The private gardens to which this web site refers is an east-west strip of garden between the streets of Learmonth Gardens to the north and South Learmonth gardens to the south. The gardens are approx 2 acres in total. The postal code for South Learmonth Gardens is EH4 1EY; entering this on MultiMap will show you the location, alternatively there is a map of the location on the 'General' page of this web site. Return to the top.Can anyone have use of the gardens?
The gardens are private - for the use of only the householders/occupiers of 1-19 Learmonth Gardens, 1-23 South Learmonth Gardens. Householders with the addresses 12 Learmonth Gardens Lane, and 1 Learmonth Place are technically within this scope as these properties are contained within the main buildings in Learmonth Gardens.Access is not available to any other member of the public unless these are visiting as a guest of a person having access.
There are guidelines for the use of the gardens. Certain activities are not allowed, e.g. no ball games, no dogs. A copy of the current guidelines can be obtained elsewhere on this site - click the link.
How do I get a key?
You should have been passed a key when you bought your house. If you are a tenant, your landlord/agent should give you a key. The key will open any of the four gates - two on either side of the gardens.If you do not have a key and you have recently bought your house/flat, firstly contact your solicitor and have them ask the previous owner for the key. If you have lost your key, contact the Treasurer - we can supply a new key for the cost of obtaining a copy - currently £5.00.
Do I have to pay to use the gardens?
You do not pay 'to use' the garden as such - your annual subscription to the LGA allows you full access. The subscription covers the cost of maintaining the gardens.How much is the subscription?
The 'Subscriptions' page on this web site gives the current subscription level - for 2003-04 it is £80. The subscription year is May-April. There is normally an 'early-bird' discount for payment by 31 July - and a penalty in addition to the subscription for payment received after 30 November.There is currently - until 2003-04, when it will be reviewed at the LGA AGM - a supplementary payment in addition to the core subscription. This is to create a fund of monies in anticipation of one/all of the Elm trees contracting Dutch Elm Disease. The cost of removing a diseased tree has been estimated at ~£1000. The annual supplement is £15 per household.
Is paying the subscription a legal obligation?
Yes. All householders in 1-19 Learmonth Gardens and 1-23 South Learmonth Gardens have a legal obligation to pay the subscription. Householders with the addresses 12 Learmonth Gardens Lane, and 1 Learmonth Place are technically within this scope as these properties are contained within the main buildings in Learmonth Gardens.This obligation was tested in court in 1984 - the individual who had refused had to pay all outstanding subscriptions and the full LGA costs.
Further information is given in 'The Legal Position' page of this web site.
I am selling my house/flat - do I have to pay the subscription?
In Scots law, the person from whom the debt becomes due at a given date is liable for the full debt. In relation to the subscription this means that if you own the property as at the due date [31st August], you are liable for the full payment. You can of course enter into any private arrangement with your purchaser to pay a proportion of the subscription if you wish, but this is of no consequence to your obligation to ensure the full subscription is received by the LGA.It is a good idea to let the Treasurer of the LGA know if you are selling your house - and who is the new owner. This will ensure we update our records and remove your name from the list of those required to pay a subscription.
I am thinking of buying a house/flat in Learmonth Gardens or South Learmonth Gardens, what should I do?
You should ensure your solicitor enquires of the vendor that the subscription to the LGA has been paid, and also to ensure you have a key to the gardens.When you have bought your house, ensure you tell the Treasurer of the LGA - this will ensure our records are up-to-date and that you are kept informed of LGA activities.
I have just bought an eligible property and don't have a key?
First, ask your solicitor to enquire from the vendor for a key [and to check the subscription for the current year has been paid]. If you are unable to obtain a key by this method, ask the LGA Treasurer. You will be charged the cost of obtaining a copy [£4].What are the rules for using the gardens?
The gardens are a quiet place - a haven in the centre of the city. The rules about their use have this principle in mind. There are no dogs allowed, nor ball games. The full set of guidelines for the use of the gardens can be found on the 'Guidelines' page of this web site.Is there a Neighbourhood Watch scheme in operation?
Yes. The LGA committee has a co-ordinator for liaising with Lothian & Borders Police. For more information see the relevant page of this web site.Can I hold a wedding, or other similar event, in the gardens?
Yes, eligible households can hold weddings and other similar social events in the gardens. You are asked to ensure any noise and disruption is kept at reasonable levels in consideration of other householders. If you want to hold a private event, please contact the Secretary of the LGA beforehand, to explain your intentions.You are responsible for returning the gardens to their pristine condition after any such event.
I'd like to find out more about the trees in the gardens?
Labels are attached to all major trees in the gardens, giving the common and proper name. The number on each label relates to the tree's identification in the survey the LGA commissions on a regualr basis to ensure the trees are in good condition. Any member can have sight of the latest survey by contacting the LGA committee member responsible for maintenance of the gardens.I would like to donate a plant or something to the gardens, how can I find out more?
If you would like to donate either plant(s) or money, please contact any committee member.The LGA is very happy to receive donations of plants/shrubs etc. There is often a specific need identified - for example, recent needs have included spring bulbs for the embankment, and a subsidy for replacement trees. Donating toward such costs ensures your contribution is part of the planned maintenance of the gardens.
Please do NOT plant anything in the garden without first consulting the LGA - there is already a large quantity of shrubs etc and a careful plan is in place to ensure any planting is consistent with the overall appearance of the gardens.
Is the LGA a Residents' Association?
The Learmonth Gardens Association is the organisation that maintains the gardens on behalf of the identified householders, in accordance with the legal obligation. The subscription raised is used exclusively for this purpose.In 1999 the constitution of the LGA was changed at the AGM to allow the Association to represent members on relevant matters other than the gardens; the LGA is therefore equivalent to a Residents' Association. As such it is consulted by City of Edinburgh Council about changes being considered. No funds raised by the annual subscription are used for such non-gardens business; pursuing such additional issues either requires additional, separate fund-raising, or is possible by the generosity of committee members.
If you want to raise some matter, please contact any LGA committee member.