Massachusetts H5373 clarifies easement rights for Native American lots in Aquinnah and Mashpee.
Massachusetts H5373 amends the law to clarify that lots created for Native American Indians at Aquinnah and Mashpee, and lots from partitioned common lands, are granted in fee simple absolute with no restraint on alienation. The act ensures that if express easements do not exist for these lots, the superior court has jurisdiction to declare them as citizens of the Commonwealth, entitled to all rights, privileges, and duties. The act also specifies that it does not apply to any lands currently or future owned by federally recognized tribes.
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