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 New Mexico, slander of title is recognized as a cause of action. To succeed in a slander of title claim, the plaintiff must establish that the defendant made a false and malicious statement that disparaged the plaintiff's title to property, resulting in special damages. These special damages often need to be specific, such as the loss of a particular sale, rather than speculative or general losses. The plaintiff must clearly plead and provide proof of these elements to prevail in court. 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. If a plaintiff fails to meet the stringent pleading and proof requirements for slander of title, they may not be able to recover damages. As with any legal action, the specifics can vary based on the details of the case and the current state statutes and case law, so consulting with an attorney for individual cases is advisable.