Hedges at property boundary

Hello everyone,
not even moved in yet, already stress with neighbors. The following situation:
On our property, quite close to the property boundary, there is a stunted hedge. It is fairly dense at the top, but at the bottom a small child can easily pass through. In some places, the neighbor can also enter our property without any problem - which he does, because he goes to the bakery across our property. It is shorter that way, otherwise he would have to go all the way around.

Now we are planning to remove it. We want to comply with all laws, notify the neighbor that we are removing it, etc.
The neighbor now said that it is not clear whether it really stands on our property. And that is why we are not allowed to remove it. In the course of measuring the building, I asked the surveyor to set two boundary stakes - one in the middle of the property, one at the end.
Now the boundary can be constructed. So here is my question:

What would happen if the hedge trunk touches the boundary or if the trunk is half on my property and half on the neighbor’s property? Am I then no longer allowed to remove the whole hedge? Or does it count that the entirety is on my property? Or do I then have to leave that one trunk standing?

In addition, the property is not fenced on this side and normally the neighbor is responsible for it. And according to the law, the property must be fenced, but this is simply not possible with this stunted "hedge". We would participate in the fence, but he refuses because of the hedge.

Does anyone have a tip?

Does anyone have a tip?

Yes, read the neighborhood law of your federal state. It’s written there.
Where the hedge is located (at your place, at his, on the common boundary) is certainly important information. You should clarify that.

If it is the case in your federal state that everyone only has this fencing obligation on one side, then according to my logical understanding (lawyers do not always agree) it should be fulfilled on their own property. Conversely, you only on yours. If your hedge crosses the boundary, I do not see that resulting in co-ownership for him.

I am afraid: you can get opinions here, some of them quite well-founded, but probably no "clear" legal certainty.

But to respond humorously: doesn’t your way to the butcher also just as nicely cross his property, as his way to the baker crosses yours?

Ask him if it is his. If yes, he should remove it from your property. If no, you will remove it. However, if you want a fence there, take care of it and pay for it yourself, because there was one that you did not want.

The way the sentence reads, the neighbor himself does not know who it belongs to, does he?!

Now the boundary can be constructed.

Has this already been done or are you planning it? First, the facts must be established. How many trunks does the hedge have, how many are completely on your property, how many on the boundary, and how many completely on the neighbor’s property? With 100/99/1/0 it is probably your hedge, with 100/50/40/10 a communal one, with 100/3/5/95 the neighbor’s. In the case of other number combinations, a court would have to decide in the event of a dispute. Many other factors also play a role, such as how long the hedge has existed and which law applied at that time. I recommend that you do everything possible to reach an out-of-court agreement with the neighbor, because a long-term legal dispute only produces losers.

I recommend you do everything possible to reach an out-of-court agreement with the neighbor,

The question is:
what does the neighbor actually want?
Maybe he has nothing against the fence instead of the hedge if you grant him a gate in the fence and the permission for his bread-collecting path (for life, then he might not demand this also in the land register).