(1) The usufructuary lessor is to reimburse the usufructuary lessee on the termination of the lease for outlays other than necessary outlays that they have approved, to the extent that the outlays increase the value of the leased property beyond the end of the lease period (added value).
(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 insofar as the outlays appear to be appropriate for the maintenance or permanent improvement of the profitability of the business and the usufructuary lessor, taking into account their legitimate interests, reasonably can be required to accept them. This does not apply if the lease has been terminated or the lease ends in less than three years. The Agricultural Court may make its substitute approval subject to requirements and conditions.
(3) The Agricultural Court (Landwirtschaftsgericht) may upon application also rule on the added value and may establish it. It may determine that the usufructuary lessor is to reimburse the added value only in instalments and may impose conditions for granting such instalments. If the usufructuary lessor cannot reasonably be required to accept reimbursement of the added value upon the termination of the lease, even in instalments, then the usufructuary lessee may demand only that the lease be continued at the terms applying thus far until the added value of the leased property has been paid for. If no agreement can be reached, then the Agricultural Court decides upon application as to the continuation of the lease.