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=S=> BGB 585b. 1 The lessor and the lessee should at the beginning of the usufructuary lease jointly prepare a description of the leased property in which its extent and the condition in which it is when surrendered are established . This applies with the necessary modifications to the termination of the usufructuary lease . The description should state the date of its preparation and must be signed by both parties .
=S=> BGB 585b. 2 If a party to the lease refuses to participate in the preparation of a description or if differences of opinion as to fact emerge during the preparation , then each party to the lease may demand that a description is prepared by an expert , unless more than nine months have passed since permitting use of the leased property or more than three months have passed since termination of lease ; the expert is appointed by the Agricultural Court [ Landwirtschaftsgericht ] upon application . Costs incurred in this connection are borne by the parties to the lease at the rate of one-half each .
=S=> BGB 585b. 3 If a description of this type has been prepared , then the presumption between the parties to the contract is that it is correct .
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