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 Indiana, 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 and malicious statement that disparaged the plaintiff's title to property, resulting in special damages. These special damages typically need to be specific and quantifiable losses, such as the loss of a particular sale. Indiana law requires that the plaintiff not only allege these elements but also provide sufficient proof. The burden of proof is on the plaintiff to show that the disparaging statement was not only false but also made with malice, and that it directly caused the alleged financial losses. Failure to meet these stringent pleading and proof requirements may result in the inability to recover damages. It is important for individuals involved in such disputes to consult with an attorney to ensure that their case is properly presented and to navigate the complexities of slander of title claims in Indiana.