A right of first refusal that only arises on a wish to sell, does not continue in perpetuity, and is not exercisable at a fixed price below market value is not an unlawful restraint on alienation. However, a clause requiring the vendor to extract similar undertakings from subsequent purchasers is void if its effect is to substantially discount the sale value of the land. Whether terms in a sale notice are 'more onerous' than those offered to a third party is assessed by objective comparison, not by reference to the particular circumstances of the offeree or a broad balancing of different obligations.
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