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Real property

slander of title

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 Oregon, 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, its malicious intent, and the direct causation of quantifiable financial loss. Oregon courts require strict adherence to these pleading requirements, and failure to meet them can result in the inability to recover damages. It is important for plaintiffs to provide clear evidence of the actual damages suffered due to the slander of title to have a viable claim in Oregon.

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Real property

slander of title

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Real property

slander of title

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