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 Colorado, 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 refer to the loss of a specific sale or other financial losses directly attributable to the disparagement. The burden of proof is on the plaintiff to show that the statement was not only false but also made with malice, which means with a spiteful intent to harm the plaintiff's interests. The requirements for pleading this cause of action are stringent, and failure to meet these requirements, such as proving the loss of a specific sale due to the disparaging statement, may result in the inability to recover damages. Colorado case law and statutes should be consulted for specific procedural rules and elements required to successfully plead a slander of title claim.