Land - Mortgage & Adverse Possession - Notes (1)

Mortgage general rule on timing”: Mortgagee can sell anytime; no duty to listen to mortgagor; can serve only his own interest

Basic principles of Mortgage:
(i) No irredeemability:
Fairclough v Swan Brewery
(ii) No clog on the equity of redemption: Collateral advantage – Tie ceases to exist when mortgage is redeemed
- Doctrine of restrained trade (contractual)
(iii) Once a mortgage, always a mortgage: cannot convert a mortgage into a sale – Options to purchase in the mortgage is void

Factors to amount points for adverse possession:
- Fencing, building, paving
- Not seasonal or temporary use of land