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 Ohio, 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 burden of proof is on the plaintiff to establish that the disparaging statement was not only false but also made with malice, and that it directly caused a quantifiable financial loss. Ohio courts require strict adherence to the pleading standards, meaning the plaintiff must clearly articulate the false statement, the malice behind it, the direct link to the damages incurred, and the specific nature of those damages. Failure to meet these requirements can result in the dismissal of the claim.