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The Gardens'Committee

Chairman - Angus Tod
Secretary - Wendy Kay
Leonora McAndrew
Millicent Masters
Anne Tod
Simon Hodgson

​None of the Committee Members are remunerated. They offer their services and expertise free of charge. 

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The Committee’s Purpose & Remit

The Committee's purpose and remit is narrow. It exists to enable the proprietors of the houses in Grosvenor and Lansdowne Crescents to fulfil their legal obligations with regard to the historic gardens between these Crescents, which themselves lie within a conservation area. It is only entitled to raise assessments for that specific purpose. Its remit does not extend beyond that, and it cannot use the funds it raises for any other purpose. 

The proprietors are obliged to maintain the character of the garden. This includes parapet walls and iron railings. Persons with a common interest in heritable property must all agree for any alteration affecting it to be valid. It is believed and presumed the attached rules transcribed into modern language in 1975 follow a direction by the original feudal superior as to how the central garden is to be used or were unanimously agreed at an early stage of the houses in the development being occupied. These rules and regulations of management are therefore binding upon incoming proprietors.

The obligation regarding the central garden confers upon the Committee a jus quaesitum tertio which implies a right to levy and recover assessments upon the individual proprietors of the properties in the Crescents in that connection. 

Conduct of Business

The Committee meets as often as is required to conduct its business. 

Its office bearers are the Chairman, Secretary and Treasurer, who are Trustees for the Committee, and they and the Committee are Trustees for each other and for the proprietors in general. 

Duties of the Office Bearers

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(a)    It is the duty of the Chairman to:-

  • ensure that the Committee functions properly and constructively as a cohesive unit.

  • provide leadership to the Committee and encourage open dialogue and collaboration among its members. 

  • ensure that the Committee sticks to its remit and does not stray outwith it,

  • liaise with and prepare for the meetings with the Secretary and Treasurer, and ensure that at meetings, members have the information they require and that all relevant matters are discussed,

  • ensure that meetings are run competently,

  • ensure that discussion and decision-making are fair,

  • ensure that appropriate decisions are taken and carried out in line with the obligations of the proprietors.

  • oversee the induction and development of new members, and

  • ensure good governance.


(b)    It is the Secretary's duty to:-

  • call and prepare Agendas for meetings of the Committee in consultation with the Chairman,

  • take the Minutes and ensure that backup information is available,

  • deal with the Committee's official correspondence,

  • make sure that the Committee are aware of their responsibilities and comply with all statutory and organisational requirements,

  • answer queries relating to the use of the garden and the application of the rules,

  • maintain all necessary legal records and act as custodian of key documents,

  • ensure that all legal documents are accurate and legally signed, monitor the progress of legal transactions, 

  • advise the Committee on legal matters, and

  • maintain an awareness of new case and statute law.

 
(c)    It is the duty of the Treasurer, amongst other things, to:­ 

  • prepare accounts for the review of the Committee and the proprietors,

  • maintain appropriate receipt and payment records,

  • submit/receive regular financial information, identify funds correctly,

  • make forward projections on a conservative basis, ensure that information provided is adequate and timely,

  • annually check the assumptions behind budgets and forecasts for robustness, 

  • keep the Chairman and Secretary apprised of significant developments, 

  • receive payments from the proprietors,

  • maintain a bank account on behalf of the Committee dealing with receipts and payments,

  • liaise with the Committee’s bankers, 

  • pay service providers and other bills, 

  • provide appropriate information for sending out assessment letters and follow-up letters needed to seek late payment, and

  • drafting and sending out annual assessments,

  • receive questions and answer those regarding outstanding assessments.

  • keeping a record of proprietors who have paid their assessments and those in default, 

  • send reminders to late payers and defaulters, 

  • keep an up-to-date database of proprietors (amending it as people come and go),

  • compile and maintain mailing and emailing lists, 

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The Constitution

The CONSTITUTION of the Grosvenor & Lansdowne Crescents' Proprietors anent their joint rights and interests
in the central garden extracted from the following legal and conventional sources,

Grosvenor and Lansdowne Crescents are part of a common feuing scheme where a fundamental  joint burden in the titles is the upkeep of the central garden as “a pleasure ground allenarly ( i e only) in all time coming” and have a community of interest which entitles individual proprietors or their representatives  to sue for performance. 

(Feu Charter by Robert Matheson and Scott McHutchen dated 27 July and recorded in the Division of the General Register for Edinburgh on 31 July 1872; Learmonth Gardens Association -v- Mrs R Wells, Edinburgh Sheriff Court,  2 February 1984; Governors of George Watson's Hospital -v- Cormack (1883) 11 R 320 )


Under the law of Scotland, alterations to joint interests and joint property can only be effected by a unanimous decision or a court decree.
(Grant -v- Heriot's Trust (1906) 8 F  647 )

Where joint obligations exist and no other provisions are laid down ( as is the case here) the joint obligants are entitled to create a mechanism for their management.
(Hislop -v- MacRitchie's Trustees (1881) 8 R  (HL) 95); (Governors of George Watson's Hospital -v- Cormack & Others (1883) 11R 320)

The mechanism laid down by the co-obligant proprietors is by a committee of management chosen by co-option.

Proprietors in arrears have not met their obligations to the other Proprietors and their opinions carry no weight.

Arrangements in place for over twenty (previously forty ) years enjoy the protection of the law.
( Prescription and Limitation (Scotland) Act 1973)

The Rules for conduct anent the central garden have been in place since at least 1951 and  enjoy that protection.  Dogs are not allowed in the garden except assistance dogs acting as auxiliary aids to disabled persons  entering the garden who would otherwise have difficulty in doing  so.
(Equality Act 2010)

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The financial contributions in terms of the title deeds are governed according to frontages. All properties of whatever size have been deemed to be of equal frontage from before the prescriptive period and this arrangement is therefore fixed. It is an obligation ad factum praestandum and transmits against the singular successors of the original feuars.
( Learmonth Gardens Association -v- Mrs R Wells, Edinburgh Sheriff Court 2 February 1984).

In the absence of other provision the committee of management is entitled to create its own standing orders to govern its internal affairs.

As voluntary Trustees the Committee members are governed by the Seven Principles for the Conduct of Public Life (the "Nolan Principles") , being honesty, integrity, objectivity, accountability, selflessness, openness, and leadership.

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While any Proprietor in good standing with no Assessments outstanding is eligible to apply for Committee membership, the Committee is obliged to exercise discretion in whom it co-opts. It would be inappropriate to accept any person who has been disqualified to act as a charity trustee or as a company director.

The Committee may ascertain the will of the Proprietors by means of a survey or poll and may call a general meeting of the Proprietors whenever they consider it expedient.
(This was augmented by the following Resolution by the proprietors on 15 March 2025:-
" RESOLVED THAT where any material decisions in relation to the management of the Gardens is to be taken, the Gardens Committee be hereby authorised and instructed to ascertain the views of the Proprietors by conducting a poll of proprietors by an electronic poll, supplemented by postal ballot of those proprietors for whom they do not have an email address, such poll, except in the case of emergency, being open for a minimum of seven days.  Following any such poll, the Gardens Committee will act in accordance with any direction given by such poll unless to do so would be unlawful. In the event that clarification is required as to whether something is "material", it will be referred to Morton Fraser MacRoberts LLP, whose decision shall be final.")

The standard of behaviour expected in the garden is that of a well-mannered guest in the garden of other people - no one is entitled to behave as if the central garden were their own .

The keys to the garden are the property of the Committee and must be returned on demand.

Advisors to the Committee


Gardening Contractors
Blackhall Garden Services
​1 Parkgrove Rd, 
Edinburgh 
EH4 7NE

Arboricultural Consultants 
Adam Riedi, 
Principal Arboriculturalist,
Adam Riedi - Tree Advisory Service,
Edenbank House,
22 Crossgate,
Cupar,
Fife, 
KY15 5HW

Adviser on Soil Maintenance and Planting Schemes
Chantal Fenton

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