Fairclough v Swan Brewery [1912, Privy Council]
- A term in a mortgage agreement provided that a mortgage was not redeemable until 6 weeks before the end of the 20 year mortgage term
- Was this term enforceable?
- It rendered the mortgagor’s equity of redemption illusory and so effectively destroyed it
- The mortgage could be redeemed early
Posted in Land Law Revision Notes.
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