(1) As a rule, the usufructuary lessor and the usufructuary lessee are to jointly prepare, at the beginning of the usufructuary lease, a description of the leased property in which its extent and the condition in which it is when made available for use are established. This applies accordingly to the termination of the usufructuary lease. The description as a rule is to state the date of its preparation and is to be signed by both parties.
(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 be prepared by an expert, unless more than nine months have passed since the leased property was made available for use or more than three months have passed since the termination of the usufructuary 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.
(3) If a description of this type has been prepared, then the presumption between the parties to the lease is that it is correct.