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What is Slander of Title?

Slander of Title is the law that covers untrue statements about another’s title to land.

The law of Defamation has two branches: Libel, where the defamatory comment is in writing; and Slander where it is in transient form. In Slander the burden of proving that the comment is untrue is on the person defamed. In Libel, the reverse is the case: the burden is on the defamer.

Defamatory comments usually have a defamatory connotation: they carry their own defamatory poison. The damage, and the right to sue, happens as soon as you attach the defamatory comment to someone’s good name. The injured person does not have to show that the comment caused them any actual financial damage. It is enough that the defamatory mud attached itself, however temporarily, to the person’s good name. So, if my local paper says that I regularly molest pigs, I do not have to call evidence that being known as a pig molester may put off prospective clients. The words are enough. ‘Pig molester’ remains a term of abuse.

But the situation is different where the words themselves are not defamatory. What if your neighbour says you do not own all your back garden? The words are not defamatory, but what if you are trying to sell? And what if your neighbour makes a point of saying this to your prospective purchaser? The words may kill the very prospect of a sale.

This is where the law of Slander of Title becomes relevant.

To bring an action in Slander of Title the claimant (the person aggrieved) must show:

  1. That the words used were FALSE;
  2. That the words used were in WRITING or permanent form (“permanent form” = any wireless or internet broadcast. So an email, on-line blog, video, podcast etc will qualify.)
  3. That the words were used calculated to cause PECUNIARY DAMAGE.

Example: Mr Green owns Greenacre and has put it up for sale. Mr White owns Whiteacre. The properties’ back gardens join each other alongside a stream and hedge. The Land Registry plans puts the stream and hedge inside Greenacre’s plot. Mr White sends emails to the village website stating “The boundary is in the wrong place. Both the stream and hedge are part of Whiteacre.” Mr Green worries that he will lose his sale. Mr Green writes to Mr White asking him to stop. But Mr White is adamant.

What can Mr Green do?

He can bring an action for Slander of Title. He is entitled to an injunction preventing Mr White from continuing his emails because:

  1. He can show that he owns Greenacre and hence Mr White’s statement is false.
  2. He can show the statements were in writing.
  3. He can show the effect it has had on his prospective sale. This can be assisted by a statement from his estate agent. The important thing is not that Mr White is acting with malice (he isn’t) but that the effect of his words has been to cause PECUNIARY DAMAGE.

If you are in a situation where someone is alleging that not all your land is infact yours, take specialist advice.