Dead or hazardous ash trees located near public footpaths present a serious duty-of-care issue for landowners in the UK. This is especially important in the context of widespread ash dieback (Hymenoscyphus fraxineus), which has significantly increased the number of structurally compromised trees across the country.
When trees are adjacent to public rights of way (such as footpaths, bridleways, or highways) landowners must balance ecological value with legal responsibilities for public safety. This article explains the legal framework, risk obligations, and practical steps required when managing dangerous ash trees near public access routes in the UK.
Legal responsibility: who is liable for trees near footpaths?
In the UK, the primary legal responsibility for trees lies with the landowner or occupier of the land on which the tree is growing.
This duty is established under common law and occupiers’ liability principles, meaning landowners must take reasonable care to avoid foreseeable harm to others.
The principle is well established in case law and supported by the Occupiers’ Liability Acts 1957 and 1984, which require landowners to ensure that visitors, and in some circumstances trespassers, are reasonably safe from risks arising on their land.
A widely accepted legal principle is that liability depends on foreseeability and negligence, not simply tree ownership. If a landowner knew (or ought reasonably to have known) that a tree was dangerous and failed to act, they may be liable for resulting injury or damage.
Trees near public highways and footpaths: statutory powers
Where trees are adjacent to public roads or footpaths, additional statutory powers apply.
Under Section 154 of the Highways Act 1980, a local highway authority may require a landowner to:
Cut back overhanging branches
Remove obstructions affecting visibility or passage
Address trees that pose a danger to users of the highway
If the landowner fails to comply, the authority may carry out the work and recover costs from the owner.
This is particularly relevant where dead or unstable ash trees are leaning toward or over a public footpath.
In Scotland, similar powers exist under the Roads (Scotland) Act 1984, which allows local authorities to require removal of dangerous trees or immediately intervene where there is imminent danger.
What counts as a “dangerous” tree in law?
Importantly, not every dead or diseased tree is automatically classed as “dangerous” in a legal sense.
Guidance from the Health and Safety Executive (HSE) explains that while falling trees can cause fatalities, the overall risk is statistically very low. However, duty holders must still take reasonably practicable steps to reduce foreseeable risks in areas of public access.
A tree is more likely to be considered dangerous where there is:
Structural failure (e.g., large cracks, root instability, major decay)
Dead or dying limbs overhanging public access
Evidence of fungal infection affecting stability (common in ash dieback cases)
Visible leaning or instability toward a footpath or highway
The key legal test is foreseeability of harm and failure to act reasonably.
Ash dieback and increased legal risk
Ash dieback has become one of the most significant forestry health issues in the UK. It weakens branches and can lead to sudden structural failure, particularly in mature ash trees.
From a liability perspective, ash dieback increases risk because:
Failure can occur unpredictably
Affected trees may look partially healthy while being structurally compromised
Large limbs may fail without extreme weather conditions
This means that once ash dieback is identified, a higher standard of inspection and monitoring is generally expected of landowners, particularly where trees are close to public rights of way.
Public footpaths: special duty of care considerations
Public footpaths (rights of way) increase legal sensitivity because they involve predictable human presence.
Local authorities and landowners both have roles:
Landowners are generally responsible for vegetation originating on their land
Highway authorities are responsible for maintaining the usability of the path surface itself
However, where a tree on private land threatens the safety of a public path, the primary duty remains with the landowner to prevent hazard.
Authorities may intervene where necessary, but enforcement typically follows landowner inaction.
What landowners are expected to do (reasonable precautions)
UK guidance consistently emphasises a risk-based, not blanket, inspection approach.
Reasonable steps include:
Regular inspection
Landowners are expected to inspect trees at intervals appropriate to risk (higher risk near paths or roads).
Professional assessment where necessary
Where trees show signs of decay or disease, an arboricultural inspection is typically expected.
Authorities such as the HSE note that not every tree requires expert inspection, but suspected hazardous trees should be assessed appropriately.
Preventative action
If a tree is identified as dangerous or likely to fail:
Pruning or removal may be required
Exclusion zones may be necessary
In urgent cases, immediate removal of hazardous limbs is appropriate
Emergency situations: immediate danger rules
Where a tree poses an immediate and serious risk, different legal allowances may apply.
Under forestry and highways law guidance, urgent removal may be permitted where:
There is imminent danger to people or property
Delaying action would increase risk
Evidence supports that emergency intervention is justified
However, even in urgent cases, landowners may still need to demonstrate that the situation genuinely required immediate action (particularly if protected trees or licensing rules apply).
Wildlife and environmental considerations
Before undertaking work on ash trees, landowners must also consider environmental protections.
The Wildlife and Countryside Act 1981 makes it an offence to damage or destroy active nests or disturb protected species such as bats.
This means:
Tree works should avoid nesting season where possible
Bat roost surveys may be required for mature or hollow trees
Additional licensing may apply in protected sites
These obligations apply even when the tree is dangerous, although safety concerns can override ecological restrictions in urgent cases.
Practical risk management approach (best practice)
A legally defensible approach to dangerous ash trees near footpaths typically involves:
Identifying affected trees early (especially ash showing dieback symptoms)
Documenting condition with photographs or reports
Engaging a qualified arboriculturist for high-risk trees
Implementing mitigation (pruning, crown reduction, or removal)
Keeping records of decisions and inspections
Good documentation is often crucial if liability is later questioned.
Conclusion
Dead or dangerous ash trees near public footpaths sit at the intersection of property law, public safety law, and environmental regulation. In the UK, liability is not automatic, but it is strongly influenced by whether a landowner acted reasonably in managing foreseeable risk.
Where ash dieback is present or suspected, landowners are expected to take a proactive, risk-based approach, particularly when trees are close to public access routes governed by the Highways Act 1980.
Ultimately, the legal standard is not perfection, but reasonable care in light of foreseeable danger.
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