How To Prove A Tennessee Defamation – Slander of Title Claim

 

 

In Tennessee, a claim of Defamation – Slander of Title is defined as:

Slander of title occurs when someone publishes an untrue and disparaging statement about another person’s real property — meaning a home, building, or parcel of land — and the statement could have a negative impact on the property’s value.

It simply means:

An untrue statement spoken publicly to disparages another person’s title to a property.

There are 4 elements of the claim:

• Element 1. The plaintiff has an interest in a certain property. The plaintiff has a stake in a specific piece of property, meaning they have a legal or financial interest in it, which is important for proving their case in a defamation claim related to false statements that harm their ownership or rights to that property.
  

  Facts that might support this element look like:

  * The plaintiff is the recorded owner of the property in question, as evidenced by the official deed filed with the county clerk’s office.
  * The plaintiff has consistently paid property taxes on the property for the past five years, demonstrating their financial interest and ownership.
  * The plaintiff has made significant improvements to the property, including renovations and landscaping, which further establishes their interest.
  * The plaintiff has occupied the property as their primary residence for over three years, indicating a personal stake in the property.
  * The plaintiff has entered into a lease agreement with a third party for the property, which affirms their legal interest and control over it.

• Element 2. The defendant published false statements about the title to that property. The defendant made untrue statements that damaged the reputation of the property’s ownership, suggesting that someone else might have a claim to it, which harmed the property owner’s ability to sell or use the property.
  

  Facts that might support this element look like:

  * The defendant publicly claimed that the plaintiff did not have legal ownership of the property, despite clear title documentation.
  * The defendant stated that the property was encumbered by liens that had been resolved, misleading potential buyers.
  * The defendant circulated a false rumor that the plaintiff was involved in illegal activities related to the property title.
  * The defendant’s statements were made to multiple parties, including potential buyers and real estate agents, causing harm to the plaintiff’s reputation.
  * The defendant failed to verify the accuracy of their claims before making them, demonstrating negligence in their statements about the property title.

• Element 3. The defendant acted maliciously. In a defamation case about slander of title, “the defendant acted maliciously” means that the person spreading false information did so intentionally and with a harmful purpose, knowing it could damage someone else’s reputation or business.
  

  Facts that might support this element look like:

  * The defendant knowingly made false statements about the plaintiff’s property ownership to multiple third parties.
  * The defendant had a history of personal animosity towards the plaintiff, which motivated their actions.
  * The defendant failed to verify the accuracy of their claims before disseminating them, demonstrating a reckless disregard for the truth.
  * The defendant intentionally sought to harm the plaintiff’s reputation and business relationships through their false statements.
  * The defendant continued to spread the defamatory statements even after being informed of their inaccuracy.

• Element 4. The false statements proximately caused the plaintiff a pecuniary loss. The false statements directly led to the plaintiff losing money or value, showing that the harmful claims about their property or business caused real financial damage.
  

  Facts that might support this element look like:

  * The plaintiff’s property value decreased by 30% after the defendant made false statements about the title.
  * The plaintiff lost a potential buyer who withdrew an offer due to the defendant’s slanderous remarks regarding the property’s ownership.
  * The plaintiff incurred legal fees exceeding $10,000 to resolve disputes arising from the defendant’s false claims about the title.
  * The defendant’s statements led to a delay in the plaintiff’s ability to sell the property, resulting in lost rental income.
  * The plaintiff was unable to secure financing for a new property purchase because of the negative impact of the defendant’s statements on their creditworthiness.

^{(See Brown v. Christian Bros. University, 428 SW 3d 38 (Tenn. Court of Appeals 2013).)}
If you’re in court without a lawyer and plan to assert a Claim of Defamation – Slander of Title, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate this complex legal landscape effectively.

Prove Your TN Defamation – Slander of Title Claim

U.S. Civil Cases Only