Slander of title

Slander of title

In law, slander of title is normally a claim involving real estate in which one entity falsely claims to own another entity's property. Alternatively, it is casting aspersion on someone else's property, business or goods, e.g. claiming a house is infested with termites (when it is not), or falsely claiming you own someone else's copyright (what allegedly occurred in the "SCO v. Novell" case). Slander of title is a form of jactitation. [http://resources.lawinfo.com/index.cfm?action=dictionary&show=S Accessed December 2006 ]

Slander of title is a one of the "specialized" Common law intentional torts. The State of California has adopted the definition of slander of title set forth in "section 624 of the Restatement of Torts" reading as follows: "One who, without a privilege to do so, publishes matter which is untrue and disparaging to another's property in land, chattels or intangible things under such circumstances as would lead a reasonable man to foresee that the conduct of a third person as purchaser or lessee thereof might be determined thereby is liable for pecuniary loss resulting to the other from the impairment of vendibility thus caused."

The term slander of title is somewhat of a misnomer as slander refers to that which is spoken yet the tort slander of title requires publication. A more accurate term would be "dispargment of title"

A slander of title suit can be pursued with merit in a variety of circumstances including but not limited to" the filing of an invalid lien against real property or virtually any type of recordable instrument recorded against a property by one without privelege which is untrue....It is not a requirement that it be recorded merely published, and in the broadest sense of the word. Published can ever refer to the placement of a lawn sign in front of someone's property upon which is conveyed an untrue disparging statemnt.

References

See Gudger v. Manton (1943) 21 Cal.2d 537, 541 [134 P.2d 217] also see Howard v. Schaniel, 113 Cal. App. 3d 256 (Cal. App. 4th Dist. 1980)

External links

* [http://www.groklaw.net/articlebasic.php?story=2004021116125699 Article from Groklaw explaining slander of title in the context of the SCO v. Novell lawsuit]


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  • jactitation of title — An action, the object of which is to force a party who is not in possession, but who asserts a right to the property out of court, to come into court and disclaim or assert the right judicially. The procedure used in some jurisdictions to recover …   Ballentine's law dictionary

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