Every v. Lussier

Murphy, Ernest B., J.

The present suit is an action for trespass concerning an alleged easement held by the defendant, Suzanne M. Lussier (hereinafter, “Lussier”), over the subservient property owned by the plaintiff, Laura B. Every (hereinafter, “Every”). Following the filing of this action, Lussier brought a counterclaim seeking this court to declare that the easement is valid. The alleged right to use is based on an easement recorded in 1811. The plaintiff moves to dismiss the counterclaim, alleging that exclusive original jurisdiction concerning the validity of encumbrances lies solely in…