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Couple lose fight over ownership of tomb

posted 4 Feb 2009, 05:55 by David Rintoul   [ updated 18 Nov 2009, 17:45 ]

A long-running legal battle into the ownership of a historic tomb and garden has finally been settled.

Residents and visitors will once more be able to visit John Livingston's Tomb at Church Hill after Edinburgh City Council and the Keepers of the Register of Scotland won a land tribunal fight against Joanna and John McCoach.

The legal battle had raged since April 2004 when the McCoaches fenced off the small community garden next to their Chamberlain Road home, planting a row of fast-growing leylandii trees.

Neil Roger, a member of the Greenhill and Church Hill Amenity Association, said: "We are absolutely delighted. We raised money to get the garden up to a certain standard and provide a bench and it has been a problem for us trying to maintain it. Now we are free to look into it and put some of our efforts into bringing it up to a much better standard."

The mausoleum of John Livingston, who died in 1645, aged 53, had fallen into disrepair and was littered with beer cans when locals launched a campaign for its transformation.