What is the effect of an instrument which prohibits trees or shrubs of greater than twenty feet height on a servient lot?
British Columbia, Canada
The following excerpt is from McLaren v. Little, 2006 BCSC 1746 (CanLII):
This case does lack the clarity found in Cloutier v. Ball,[2] where the instrument there in question proscribed trees or shrubs on the servient lot of greater than twenty feet in height.
The governing principle on the concept of void for vagueness is taken from Vantreight v. Gray.[3] There, the easement contained the words "for right-of-way purposes". It was contended that those words were restricted to the access or egress from one piece of property through another piece of property. The court rejected that contention, and said, at paras. 5 and 6:
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