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 Delaware, slander of title is recognized as a tort action where a property owner can sue another party for making false and malicious statements that disparage the owner's title to property, resulting in special damages. To succeed in a slander of title claim in Delaware, the plaintiff must establish that the defendant intentionally made a false statement about the property title, that the statement was made with malice, and that it directly caused the plaintiff to suffer specific financial losses. Delaware courts may require the plaintiff to demonstrate the loss of a particular sale or transaction as a result of the slanderous statement to satisfy the special damages requirement. The burden of proof is on the plaintiff to meet these stringent pleading requirements, and failure to do so may result in the inability to recover damages.