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 Washington State, slander of title is recognized as a cause of action. To succeed in a slander of title claim, a plaintiff must demonstrate 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 potential harm. The plaintiff must clearly establish the falsity of the statement, the malice with which it was made, the disparagement to the property title, and the direct financial losses that resulted. The burden of proof is high, and the requirements for pleading are stringent to prevent frivolous claims. If a plaintiff fails to meet these requirements, they may not be able to recover damages. It is important for individuals involved in such disputes to consult with an attorney to navigate the complexities of this area of law.