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 Minnesota, slander of title is recognized as a cause of action. To succeed in a slander of title claim, the plaintiff must demonstrate that the defendant made a false and malicious statement that disparaged the plaintiff's title to property, resulting in special damages, such as the loss of a specific sale. The plaintiff must specifically plead the loss of a sale or other special damages, and general damages for reduced property value are not typically recoverable without this specific pleading. 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 direct financial loss that resulted from the slanderous statement. Minnesota courts require strict adherence to these elements for a slander of title claim to proceed.