How To Prove A Texas Slander of Title Claim
In Texas, a claim of Slander of Title is defined as:
Slander of Title is a false and malicious written or spoken public statement disparaging a person’s title to property that causes harm for which special damages may be awarded.
It simply means:
An untrue statement spoken publicly to damage someone else’s reputation.
There are 6 elements of the claim:
- Element 1. The defendant uttered or published disparaging words. The defendant made false and harmful statements about the plaintiff’s property, suggesting it is worthless or has issues, which damaged the plaintiff’s reputation and ability to sell or use that property.
Facts that might support this element look like:
* The defendant publicly stated that the plaintiff’s property was encumbered by undisclosed liens, which was false.
* The defendant claimed that the plaintiff was involved in illegal activities related to the property, damaging the plaintiff’s reputation.
* The defendant distributed flyers asserting that the plaintiff’s title was fraudulent, leading to confusion among potential buyers.
* The defendant made derogatory remarks about the plaintiff’s ownership of the property during a community meeting, influencing public perception.
* The defendant posted negative comments online about the plaintiff’s property title, which were viewed by numerous potential investors. - Element 2. These words were false. In a slander of title claim, “these words were false” means that the statements made about someone’s property or ownership were untrue, which harmed the person’s reputation or ability to sell or use their property.
Facts that might support this element look like:
* The defendant publicly stated that the plaintiff’s property was encumbered by a lien, which was untrue and not supported by any legal documentation.
* The defendant claimed that the plaintiff was involved in illegal activities related to the property, which was false and damaging to the plaintiff’s reputation.
* The defendant circulated a false report asserting that the plaintiff had defaulted on a mortgage, leading to significant financial harm and loss of business opportunities.
* The defendant’s statements about the plaintiff’s ownership of the property were made with knowledge of their falsity, intending to harm the plaintiff’s interests.
* The defendant’s assertions regarding the plaintiff’s title were contradicted by official records, demonstrating the statements were knowingly false. - Element 3. These words were malicious. In a Slander of Title claim, “malicious” refers to false statements made about someone’s property that were intended to harm their reputation or financial interests, showing that the person spreading the rumors acted with bad intentions rather than just making a mistake.
Facts that might support this element look like:
* The defendant knowingly published false statements about the plaintiff’s property ownership to third parties.
* The defendant had a history of disputes with the plaintiff and sought to harm their reputation.
* The statements made by the defendant were made with reckless disregard for their truth or falsity.
* The defendant’s actions were intended to interfere with the plaintiff’s ability to sell or lease their property.
* The defendant failed to verify the accuracy of their claims before making them public. - Element 4. Special damages were sustained because of these words. Special damages in a slander of title claim refer to specific financial losses a person suffers due to false statements that harm their property rights, such as lost sales or reduced property value, which can be directly linked to those damaging words.
Facts that might support this element look like:
* The plaintiff lost a potential buyer for their property after the defendant falsely claimed the title was disputed.
* Due to the defendant’s statements, the plaintiff incurred legal fees to clear the title, totaling over $5,000.
* The plaintiff’s property value decreased by 20% as a direct result of the defendant’s slanderous remarks.
* The plaintiff was unable to secure a loan for renovations because the lender questioned the property’s title based on the defendant’s claims.
* The plaintiff experienced emotional distress and reputational harm, leading to lost business opportunities in the real estate market. - Element 5. The plaintiff possessed an estate or interest in the property disparaged. The plaintiff must show that they owned or had a legal right to the property that was falsely criticized, which harmed their ability to sell or use it.
Facts that might support this element look like:
* The plaintiff held a valid title deed to the property in question, demonstrating ownership and an estate in the property.
* The plaintiff had been paying property taxes on the disputed property for several years, indicating a recognized interest in the estate.
* The plaintiff entered into a lease agreement for the property, establishing a legal interest and right to use the land.
* The plaintiff had previously obtained a mortgage on the property, which further solidified their financial interest in the estate.
* The plaintiff’s name was recorded in the county assessor’s office as the owner of the property, confirming their legal claim to the estate. - Element 6. The defendant’s actions resulted in the loss of a specific sale. The defendant’s false statements about the property led to a lost sale, showing that their actions directly caused financial harm by preventing the sale from going through.
Facts that might support this element look like:
* The defendant publicly claimed that the plaintiff’s property was encumbered by a lien, which deterred potential buyers.
* A prospective buyer withdrew their offer after hearing the defendant’s false statements about the plaintiff’s title.
* The plaintiff lost a $100,000 sale due to the defendant’s defamatory remarks regarding the property’s ownership.
* The defendant’s actions caused a delay in the sale process, leading to the buyer’s decision to pursue other properties.
* The plaintiff had a signed purchase agreement that was canceled after the defendant spread misinformation about the title.
(See Duncan Land & Exploration, Inc. v. Littlepage, 984 SW 2d 318 – Tex: Court of Appeals, 2nd Dist. 1998. Ramsey v. Davis, 261 SW 3d 811 – Tex: Court of Appeals, 5th Dist. 2008.)
If you’re in court without a lawyer and plan to assert a Claim of Slander of Title, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed 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 necessary to navigate this complex legal process effectively.
Prove Your TX Slander of Title Claim
U.S. Civil Cases Only