Landowner responsibilities
Private landowners are responsible for all the trees on their land. This includes the felling and removal of dead or diseased trees affected by ash dieback.
Cornwall Council is only responsible for removing trees growing on its own land or within the limits of the maintained highway.
It is the legal responsibility of the landowner to ensure that trees on their land do not present a risk to the public. This includes trees rooted in Cornish hedges that form the boundary to the highway. It is important to carry out regular checks on trees, particularly after storm force winds. Pay most attention to those that overhang or may fall onto a public right of way or highway.
You should be looking for:
- obvious signs of ill health including dying or discoloured foliage or deadwood in the upper canopy.
- instability - this includes freshly exposed roots, soil cracking or significant movement of the ground around the base of the tree.
- decay fungi (mushrooms, toadstools or brackets) within the roots or on the tree.
- defects including large deadwood, broken hanging branches, splits, cavities, or decay.
Seek professional advice if you are not sure what to look for or have concerns about your trees. Tree specialists or tree surgeons can assist with inspection and management.
See the managing your trees page for more information.
The National Tree Safety Group has produced useful advice for property owners (large or small) about managing trees and tree risk.
Cornwall Council has discretionary powers to deal with privately owned trees that pose a threat to a public right of way or highway. Cornwall Council will seek to recover the costs of any works from the landowner.
Landowners and liability
The landowner is responsible for the trees on their land. They may be found liable for any damage or injury a tree may cause should they fall. It is extremely important to carry out regular checks on any trees that overhang or may fall onto a public area, right of way, or the highway. Please see the advice above.
Landowners and neighbours
If you believe ash trees on neighbouring land may be affected by the disease, you should tell your neighbour about the potential problem. They may not be aware of the disease or the implications for safety or liability.
The Council has very limited powers to act in the case of privately-owned trees. This is where there is a dispute or if a landowner cannot be identified. These are only used in exceptional circumstances. If you are concerned about the safety of privately-owned ash trees you should raise your concerns with the landowner.
More information, and details of how and when the Council might take action is provided in our Dangerous Trees advice note.
Removal and disposal of diseased material
Private landowners are responsible for all trees on their land. This includes the felling and removal of dead and diseased trees affected by ash dieback.
Cornwall Council does not provide services to remove and dispose of materials arising from tree work. This is the responsibility of the landowner. Infected materials should not be disposed of at green waste recycling sites as this may help the spread of the disease.
Ash dieback and planning
The Council has issued an advice note about the impact of ash dieback and our approach to tree protection and other planning issues.
