Slander of Title as a Cause of Action in New York

Slander of title is a legal claim that protects property owners from false statements that harm their ownership rights or interest in real estate or personal property. This cause of action is rooted in property law and typically arises when someone makes a damaging statement that questions whether the rightful owner actually has valid ownership. In New York, a successful claim for slander of title requires proof of three essential elements.

A Communication Falsely Casting Doubt on Title

The first element of slander of title is that someone must have made a false communication that casts doubt on the validity of the complainant’s ownership. This could include a false statement that a deed is invalid, that the property is subject to a lien or mortgage that doesn’t exist, or that the title belongs to someone else. The statement must go beyond mere opinion — it must assert a fact that directly questions or undermines the plaintiff’s ownership interest. If a person files a false lien or falsely records a document with a government office, that could meet this requirement.

A Statement Reasonably Calculated to Cause Harm

The second element is that the false statement must be reasonably likely to cause harm. The law doesn’t require proof that the person intended to harm the owner, but the statement must be of a kind that would naturally and foreseeably lead to negative consequences. For example, claiming someone doesn’t own their property can discourage potential buyers or lenders, delay a sale, or raise legal red flags during a title search. The statement must be more than an idle rumor — it must be something that, when made public or shared with others, could plausibly cause trouble for the rightful owner.

Special Damages

The third element requires the plaintiff to show “special damages,” which refers to a specific and measurable financial loss that was caused by the slander. This could include lost profits from a canceled property sale, legal fees to clear title, or other direct financial harm. General harm to reputation or stress is not enough — the plaintiff must show actual economic damage tied to the false statement.

Conclusion

Slander of title is a powerful legal remedy for property owners facing false and harmful statements about their ownership rights. To succeed, a plaintiff must prove the statement was false, likely to cause harm, and resulted in financial loss. This cause of action helps maintain the integrity of property ownership by holding people accountable for misleading or malicious claims that interfere with others’ legal rights. Whether in the context of real estate transactions, liens, or title disputes, slander of title ensures that property owners have a legal path to clear their name and protect their assets.

Find the Law

“The elements of slander of title are (1) a communication falsely casting doubt on the validity of the complainant’s title, (2) reasonably calculated to cause harm, and (3) resulting in special damages.” SHEEHAN v. PANTELIDIS, 2003 N.Y. Slip Op. 30045, 9 (N.Y. Sup. Ct. 2003)