Öz
The right of property imposes certain duties on its owner along with various powers. These duties mean the restriction of property rights in various aspects. In Article 35 of the Constitution, it is regulated that the right to property can be limited by law for the purpose of public interest and the use of this right cannot be contrary to the public interest. For this reason, the right to property is subject to restrictions originating from both public law and private law within the framework of the benefit of society. One of the most important restrictions of immovable property is the restrictions arising from the law of the neighborhood. As a matter of fact, the Turkish Civil Code gives a wide place to the restrictions imposed on the benefit of neighbors in terms of immovable ownership (TMK m. 737-750). One of them is TMK m. It is the situations related to the plants overflowing the neighbor's land, which is expressed in the 740 provision. Since the overflow of the plant in an immovable to the neighboring land essentially constitutes an unjust acquisition, the owner of the neighboring land has the right to demand the removal of the overflow. However, the legislator, taking into account the balance of interests between the parties, has assigned the neighboring land owner to bear a certain amount of overgrown vegetation. However, the duty of the neighboring land owner to bear the flood is not unlimited. If the conditions are met, the neighboring land owner has the opportunity to realize the right. In the study, the rights and duties of the neighboring land owner are discussed within the framework of the flood plants.