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 North Dakota, slander of title is recognized as a tort action where a property owner can sue another party for making false and malicious statements that disparage the owner's title to property, resulting in special damages. To succeed in a slander of title claim in North Dakota, the plaintiff must demonstrate that the defendant intentionally made a false statement that cast doubt on the plaintiff's property title, that the statement was made with malice, and that it directly caused the plaintiff to suffer specific financial losses. The burden of proof is on the plaintiff to establish these elements, and typically, the plaintiff must show that the false statements resulted in the loss of a particular sale or other specific financial harm. Failure to meet these stringent pleading and proof requirements may result in the inability to recover damages.