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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 1192. 1a If the land charge has been established as security for a claim ( security land charge ) , defences to which the owner is entitled with regard to the land charge on the basis of the security contract with the previous creditor , or which emerge from the security contract , may also be imposed on any acquirer of the land charge ; section 1157 sentence 2 does not apply in this respect . Section 1157 remains unaffected in other respects .