Slander of title is a false and malicious statement made in disparagement of a person’s title to property that causes the property owner special damages (losses). It is a tort action with stringent pleading and proof requirements.

In a slander of title action the plaintiff must prove that the defendant made a false and malicious statement, disparaging property in which the plaintiff holds an interest, and causing special damages.

In states that recognize a slander of title claim or cause of action, some courts have held that a plaintiff who sues for slander of title must plead and prove the loss of a specific sale—and that a plaintiff who does not meet these pleading requirements may not recover damages.

In Arizona, slander of title is recognized as a cause of action. To establish a claim for slander of title, a plaintiff must demonstrate that the defendant made a false and malicious statement that disparaged the plaintiff's title to property, resulting in special damages. These special damages typically need to be specific and quantifiable, such as the loss of a particular sale. The requirement for malice means that the defendant must have made the statement with the intent to cause harm or with reckless disregard for its truth. The burden of proof is on the plaintiff to establish the falsity of the statement, the malice with which it was made, the disparagement to the title, and the quantifiable damages that resulted. If a plaintiff cannot meet these stringent pleading requirements, they may not be able to recover damages for slander of title in Arizona.