Guernsey Judgment 30/2010 - Bougourd & Bougourd v Woodhead & Woodhead

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Right to enjoy real property - plaintiffs' application for declaration that they are entitled to enjoy a dwelling pursuant to a contract or a proprietary estoppel or a constructive trust - alternatively that the plaintiffs are entitled to compensation from the defendants if their entitlement to occupy is terminated as a result of any order in saisie or in matrimonial proceedings between the defendants - held by the Jurats that the payment made by the plaintiffs to the defendants was subject to an express trust that it would be used to purchase a dwelling to be owned solely by the defendants but in which the plaintiffs would have the right to reside for as long as they chose to do so - on the facts of this case it was not appropriate to apply the English law doctrines of constructive trust and proprietary estoppel - helpful to consider modern French law on rights of enjoyment over real property.