Contractual clauses in co-ownership arrangements that cumulatively make a co-owner's interest practically inalienable (including rights of pre-emption, consent requirements for alteration of tenancy, mortgage rights over the whole, and deemed notice on death) constitute invalid restraints on alienation and are unenforceable. A right of pre-emption or conditional option does not create a caveatable interest until the condition triggering the right to purchase is satisfied. Under s 126(2) of the Property Law Act 1969 (WA), the court does not have power to direct that property be sold to one of the parties at a valuation.
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