Does the use of undeveloped land on a residential property constitute property incidental to the debtor's residence?
MultiRegion, United States of America
The following excerpt is from In re Faulring, 573 B.R. 71 (Bankr. W.D. N.Y. 2017):
We agree fully with the holding of the court in Lanier v. Beaman , 394 B.R. 382, 384 (E.D.N.C. 2008) : " residence ... does not include all land that the debtors own and use adjacent to their own." Hence, the sporadic use of undeveloped land will not transform it into property incidental to the debtor's residence. Similarly, the separate, free-standing rental unit serves as a residence for someone else, not the debtor, and is therefore not exempt.2
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