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 Nebraska, slander of title is recognized as a cause of action. To succeed in a slander of title claim, the plaintiff must establish that the defendant made a false and malicious statement that disparaged the plaintiff's title to property, resulting in special damages, such as the loss of a specific sale. The burden of proof is on the plaintiff to demonstrate the falsity of the statement, the malice with which it was made, the disparagement to the property's title, and the quantifiable financial loss that directly resulted from the statement. Nebraska courts require strict adherence to these elements, and failure to meet the pleading requirements can result in the inability to recover damages. As slander of title is a complex legal issue, individuals facing such matters are advised to consult with an attorney to navigate the specific legal standards and to ensure proper representation in court.