NO WARRANTY OF TITLE; PROPERTY CLAIMS.
Austin City Code § 14-11-169
in effect§ 14-11-169 - NO WARRANTY OF TITLE; PROPERTY CLAIMS.
(A) The City disclaims any warranty, title, or use for a particular purpose. This includes any warranty that the City's title to public right-of-way is free and clear of any impairment or superior claim that may prohibit a permit holder from undertaking any activity for which a permit is issued. The City will not undertake an action to clear title on behalf of a permit holder necessary for the permit holder to undertake any permitted activity.
(B) If a permit or application for a permit is challenged by a person, other than the City of Austin, claiming a superior right to the public right-of-way or claiming the activity conflicts with that person's property interests, the applicant or permit holder will be held entirely responsible, to the exclusion of any responsibility of the City and without contribution from the City, for defending against the claim until final resolution of the claim. If an applicant or permit holder receives notice of a claim, the applicant or permit holder shall cease all activity related to the permit and notify the City of the claim within 24 hours of receiving the claim. During the pendency of a claim and for as long as the claim remains unresolved, permitted activity or any activity for which a permit has been submitted but not granted is suspended.
(C) A permit holder or applicant for a permit may not assert or imply in any response to a claim described by subsection (B) above that:
(1) the City claims a superior right, title, or interest to that claimed by the person;
(2) a permit issued by the City is an easement or other possessory interest in real property; or
(3) a permit from the City entitles the permit holder to rights in the right-of-way that are superior to the rights claimed by the person.
(D) A permit granted under this division is terminable at the director's sole discretion if the permit holder violates one or more of the conditions in subsection (C) above.
(E) The area on, above, or below a utility easement or waterway is not public right-of-way that may be used for facility installation, or for which a permit may be requested for such installation, unless the terms by which the utility easement or waterway was acquired by the City or granted, deeded, or dedicated to the City expressly state that the rights granted to the City include the right to use the waterway or utility easement for the purpose, in the manner, and to the extent of the proposed activity.
(F) A person claiming a right to use a public utility easement may not use that part of public right-of-way deeded, dedicated, reserved by plat, or restricted as a public utility easement unless the person is defined by state or federal law as a public utility and the person's use of the public utility easement is exclusively for the provision of public utilities such as water, sewer, power, or gas. The director is not authorized to issue a permit or an exemption from permitting for an activity that uses or occupies a public utility easement unless the requested permit is for use by a public utility to provide public utility services.
Source: Ord. No. 20170817-045, Pt. 2, 8-17-17.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT14USSTPUPR_CH14-11USRI-W_ART2USRI-WCOEXFAINTEUS_SPAGEPR_S14-11-169NOWATIPRCLFetched: 10/27/2026