BATTLE lines are being drawn up as the first solicitor's letters pursuing Two Rivers Housing Association's disputed grass cutting charges start arriving in the Forest.

Two Rivers has hired London-based Devonshires Solicitors to pursue their claim to recoup estate maintenance charges from around 2,000 freeholders across the Dean.

But the freeholders are standing firm. They say they've taken legal advice, don't owe the money and won't pay.

Dave Edwards from Sedbury said: "It needs to come to court in a test case. And until it does, nothing is going to be resolved."

The first letter from Devonshires arrived at what appears to be a small number of selected households. If it is ignored, it warns that "court proceedings may be issued without further notice to you" and gives a 14 day deadline to reply.

"Equally, a failure to respond may be treated by the court subsequently as a breach of the pre-action conduct protocol and may result in the court imposing costs sanctions on you for failure to comply."

Devonshire's states: "The obligation on you to pay arises from the freehold transfer of your home from Forest of Dean District Council to you, specifically section 1 of the fifth schedule of that transfer which requires you to contribute ... 'from time to time a fair and proper proportion of the cost of cleaning, repairing and maintaining all things in common'."

Dave Edwards, who bought his property under the Right to Buy scheme more than two decades ago, says freeholders have no objection to paying 'occasional' maintenance charges if, for example, a shared sewage pipe needed repairing.

"That's fine, anyone would expect to pay a fair share of that cost, because all properties are affected. But there is nothing in my conveyancing contract which states I, or any other freeholder before 2003, is liable for regular maintenance costs for grass cutting on land that has nothing to do with us."

He, among others, says they have taken legal advice and have been told specifically that they owe nothing.

"Our advice has been as follows: 'We have considered Two River Housing's claims and read the conveyancing documents, in particular the fifth schedule. In our opinion this does not give Two Rivers the right to levy charges against you (the freeholder).

"Our solicitors go on to say that the wording of the fifth schedule in most freeholder's conveyancing documents was never intended for the purpose of charging for grass cutting or any similar charges," says Mr Edwards.

Barry Thompson, Two Rivers' director of resources said: 'As a registered charity, we have a responsibility to ensure that the costs of managing and maintaining the estates are shared between the residents who live on the estates, and benefit from the services.  Residents include tenants, owner occupiers and leaseholders.  We will only charge for services where we are legally entitled to do so.

'We have engaged in a legal process prior to any court action being taken and we very much hope that legal action will not be necessary.  However, Two Rivers is undertaking a service that residents are obliged to contribute towards.'