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 Massachusetts, 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 often need to be specific, such as the loss of a particular sale, rather than speculative or general losses. The burden of proof is on the plaintiff to show that the disparaging statement was not only false but also made with malice, which means with ill will or with a reckless disregard for its truth or falsity. The requirements for pleading and proving slander of title are stringent, and failure to meet these requirements can result in the inability to recover damages. As with any legal matter, it is advisable to consult with an attorney who is experienced in property law and torts to navigate the complexities of a slander of title claim in Massachusetts.