Property is a concept that dates back to the beginning of human history. In primitive societies, land, water and natural resources were considered as common property, while goods (tools and weapons) were considered as simple forms of property. In Ancient Greece, the concept of collective property evolved into family property. With the development of agriculture, the increase in the number of commodities to be exchanged and the advancement of trade, movable wealth began to gain importance. In Rome, on the other hand, while family property was dominant at the beginning, the concept of private property developed over time.

Today's understanding of property is opposed to social property, but it is also opposed to the capitalist understanding of property, which grants the owner of property an absolute right and the freedom to use it as he wishes. Property with a social function is a relative right that can be restricted for social purposes. In the third paragraph of Article 35 of the Constitution, positive obligations are imposed on the property owner by stating that the right to property cannot be used in a manner contrary to the public interest. However, public interest alone is not sufficient for the restriction of the right to property; it is also stated that this restriction must be made by law. Moreover, it is observed that the concept of 'essence of the right' is evaluated more comprehensively in judicial decisions.