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 Alaska, slander of title is recognized as a tort action where a plaintiff must establish that the defendant made a false and malicious statement that disparages 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 demonstrate that the disparaging statement was not only false but also made with malice, and that it directly caused a quantifiable financial loss. The burden of proof in these cases is high, and the plaintiff must meet stringent pleading requirements to proceed with a slander of title claim. If the plaintiff cannot prove the loss of a specific sale or similar specific damages, they may not be able to recover damages in a slander of title lawsuit in Alaska.