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 South Carolina, slander of title is recognized as a tort action where the plaintiff must establish that the defendant made a false and malicious statement that disparages the plaintiff's title to property, resulting in special damages. The plaintiff must demonstrate that the disparaging statement was not only false but also made with malice, which implies an intentional or reckless disregard for the truth. The plaintiff must also show that the statement caused a direct financial loss, such as the loss of a specific sale. South Carolina courts require strict adherence to pleading standards, meaning the plaintiff must clearly articulate the false statement, the malice behind it, the property interest affected, and the specific financial losses incurred as a result of the statement. Failure to meet these stringent pleading and proof requirements can result in the dismissal of the slander of title claim.