THE Government?s new Countryside and Rights of Way Act could fall foul of European Human Rights legislation if a Dartmoor landowner wins a landmark legal appeal.

Mary Alford, who owns Dartmoor?s sphinx-like edifice Vixen Tor, is currently appealing against the designation of her property as open access moorland under the CROW act.

She is concerned that public access to the tor, which would be enforced next August under the act, would leave her open to expensive lawsuits from people injured on her land.

Her appeal has been lodged with the Planning Inspectorate and is due to be heard early next year,. If it fails the next available avenue for appeal could see her challenge the CROW act in the European Court of Human Rights as interfering with her ability to enjoy her private property.

John Bainbridge, of the Dartmoor Preservation Association, said: ?Such an appeal would challenge the CROW act itself, but I don?t think it would succeed.

?If it did you?d pretty much have to close every tor on Dartmoor and where do you stop? You have to draw the line somewhere.?

Mrs Alford caused controversy when she closed Vixen Tor to the public last May after more than 30 years of open access granted by the previous owner.

Ramblers staged a New Year?s Day protest against the closure but Mrs Alford said she had ?no choice? in the matter, having acted on the advice of her insurers who informed her she would be liable were an accident to occur.

Nell Harrison, who co-organised the protest, said: ?Vixen Tor is such a popular and beautiful spot, we just feel it?s very unfair to try and block it off.

?Most people who walk on the moor respect it and care for it as a place of beauty. We all get such therapeutic benefits from walking, it seems mean-spirited to stop people from being there.?

The tor is just one of many areas of private land across the region which have become closed to the public in recent years with many landowners, like Mrs Alford, fearing they will fall foul of a personal injury lawsuit.

Tim Brooks, deputy director south west of the Country Land and Business Association, said: ?There is no increased liability for the landowner, but in this day and age where there is an accident people are always looking to apportion blame and landowners are understandably cautious because they are never fully covered ?there are so many ways in which an accident can occur.?

Mr Brooks said the association was trying to press for help in modifying the existing grant scheme to include insurance cover, but it had received no guarantees.

He also said Dartmoor was a particularly vulnerable area due to its proximity with major cities.

Mr Brooks said: ?The problems are particularly prevalent close to the urban fringe which obviously applies to parts of Dartmoor, but we have seen some appeals against arbitrary public access upheld, so that is good news.?

He said the new Countryside Code would help landowners and walkers to understand and respect each others? rights and needs: ?The most important thing is to minimise the risk of conflict.?