Slander of title is a lawsuit to obtain damages from a lien or claim that was wrongfully recorded against the title of real property. If a lien or claim is recorded against real property and it negatively affects the title to said property, then the owner of the real property may have a slander of title claim against the party that recorded the lien or claim.
The elements of slander of title include:
- The lien or claim recorded against the property must be communicated to a third party;
- The lien or claim recorded against the property must be deemed harmful to title;
- The lien or claim recorded against the property must be deemed untrue; and
- The lien or claim recorded against the property caused actual damages.
An example of slander of title is when an association improperly records a lien against property that prevents the property owner from selling, renting, or refinancing the property. If the association’s lien against the property is recorded or otherwise communicated to a third party, deemed harmful to title, deemed untrue, and causes actual damages, then the property owner may have a claim for slander of title.
Note that the statute of limitations for slander of title actions is two years. See Florida Statute 95.11(4)(g); see also Carey v. Beyer, 75 So.2d 217 (Fla. 1954). Slander of title is an intentional tort, which means punitive damages can be sought in addition to actual damages.