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 Idaho, slander of title is recognized as a cause of action. This tort involves the making of a false and malicious statement that disparages someone's title to property, resulting in special damages to the property owner. To succeed in a slander of title claim in Idaho, 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 caused the plaintiff to suffer specific financial losses. The requirement of proving special damages typically means that the plaintiff must demonstrate an actual monetary loss, such as the loss of a specific sale, attributable to the disparaging statement. If a plaintiff cannot meet these stringent pleading and proof requirements, they may not be able to recover damages for slander of title in Idaho.