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 Kansas, slander of title is recognized as a cause of action. To succeed in a slander of title lawsuit, the plaintiff must establish that the defendant made a false statement that was malicious and disparaged the plaintiff's title to property, resulting in special damages. These damages typically need to be specific and quantifiable, such as the loss of a particular sale. Kansas courts require strict adherence to pleading standards, meaning the plaintiff must clearly articulate the false statement, its malicious intent, the disparagement of the property title, and the direct financial losses incurred. Failure to meet these requirements can result in the inability to recover damages. As with any legal action, it is advisable to consult with an attorney to understand the nuances of the law and to ensure proper legal procedures are followed.