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 Utah, slander of title is recognized as a cause of action under tort law. To establish a case for slander of title, a plaintiff must demonstrate that the defendant made a false statement that was malicious and 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 show that the disparaging statement was not only false but also made with malice, which means with the intent to cause harm or with reckless disregard for its effects on the property's value. The requirement to prove special damages typically means that the plaintiff must provide evidence of an actual financial loss directly attributable to the slanderous statement, such as a lost sale or a decrease in the property's market value. Failure to meet these stringent pleading and proof requirements may result in the inability to recover damages. It is important for individuals in Utah considering a slander of title claim to consult with an attorney to ensure that all legal standards are adequately addressed.