ChD 23 May 1991. case stated by a commons commissioner as a result of an inquiry and his conclusion that derelict cottages at the above address were not `dwellinghouses` which came within the Common Land (Rectification of Registers) Act 1989. The commissioner decided that `dwellinghouse` in this context meant a building actually dwelt in or capable of being dwelt in. Therefore, as the cottages in question did not come into this category, the 1989 Act did not apply to them; the objection to their inclusion in the register failed. "Held" in the ChD that the commissioner had erred in law in deciding that the requirements of the 1989 Act were not satisfied in respect of the cottages; `dwellinghouse` in the context of the Act did not necessarily connote actual residence, but could include an unoccupied house or one which had become derelict and unfit for human habitation.