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 Illinois, slander of title is recognized as a cause of action. 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. These special damages typically refer to the loss of a specific sale or other financial losses directly attributable to the disparagement of the property's title. The burden of proof is on the plaintiff to show that the defendant's actions were not only false but also made with malice, which means there was an intent to cause harm or a reckless disregard for the truth. Illinois courts require strict adherence to the pleading requirements for slander of title, and failure to meet these standards can result in the inability to recover damages. It is important for plaintiffs to provide clear and specific allegations that detail the disparaging statements, the malice behind them, and the direct financial losses suffered as a result.