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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 Texas, slander of title is recognized as a cause of action. It occurs when a false and malicious statement is made about someone's property rights, resulting in financial loss to the property owner. To succeed in a slander of title claim in Texas, the plaintiff must demonstrate that the defendant made a false statement that was malicious and disparaging to the plaintiff's property interest, and that this statement directly caused the plaintiff to suffer special damages, such as the loss of a specific sale. Texas courts require strict adherence to pleading standards, meaning the plaintiff must clearly articulate the false statement, the malice behind it, the disparaging nature of the statement, and the direct financial losses incurred as a result. Failure to meet these stringent pleading requirements can result in the inability to recover damages.

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