What is the name of your state? FL
I own two neighboring properties. One has a mortgage, the other one not. We found that one property hangs over about an inch on the other. If I record an easement (?) or even cut off a small piece of that property, do I need approval from the bank?
I don't know how you managed to detect the few over hanging centimetres, but record an easement? Sorry, but no can do. At least not with any legal consequence. Why so? Because . .
By definition
"an easement is a non-possessory interest in land of another"; with the land benefited by the easement referred to as the dominant estate or tenement; and the land burdened by the easement the servient estate or tenement. Hence, it follows that:
(1)
"A person cannot have an easement in land which he himself owns." (Authorities available upon call
.)
(2) And, as above demonstrated, when the ownership of both estates - dominant and servient - are consolidated the easement is extinguished. (See
"Doctrine of Merger.")
So, I suppose that leaves you with your alternate proposal: "
Cut off" the overlap and squeeze it in between the two.