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Section 127a Court settlement
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 .
BGB 588. 4 Upon application , the Agricultural Court [ Landwirtschaftsgericht ] decides disputes under subsections ( 1 ) and ( 2 ) . If the usufructuary lessee fails to give prior consent in the cases in subsection ( 3 ) , then the Agricultural Court [ Landwirtschaftsgericht ] may give substitute consent on application by the lessor .
BGB 591. 2 If the usufructuary lessor refuses to approve the outlays , then substitute approval may be given by the Agricultural Court [ Landwirtschaftsgericht ] upon application by the usufructuary lessee to the extent that the outlays appear to be appropriate for the maintenance or permanent improvement of the profitability of the business and the usufructuary lessor can reasonably be expected to accept them when his justified interests are taken into account . This does not apply if the lease has been terminated or the lease ends in less than three years . The Agricultural Court [ Landwirtschaftsgericht ] may give substitute approval subject to stipulations and conditions .